02/22/2022 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB169 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 169 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
February 22, 2022
1:46 p.m.
MEMBERS PRESENT
Senator David Wilson, Chair
Senator Shelley Hughes, Vice Chair
Senator Mia Costello
Senator Lora Reinbold
MEMBERS ABSENT
Senator Tom Begich
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Alaska Mental Health Trust Authority Board of Trustees
Kevin Fimon - Anchorage
- CONFIRMATION ADVANCED
SENATE BILL NO. 169
"An Act relating to the inspection and testing of fire dampers,
smoke dampers, combination fire and smoke dampers, and smoke
control systems; and providing for an effective date."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 169
SHORT TITLE: SMOKE/FIRE DAMPERS & SMOKE CTRL SYSTEMS
SPONSOR(s): SENATOR(s) COSTELLO
01/21/22 (S) READ THE FIRST TIME - REFERRALS
01/21/22 (S) HSS, FIN
02/22/22 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
KEVIN FIMON, Appointee
Alaska Mental Health Trust Authority Board of Trustees
Department of Revenue (DOR)
Anchorage, Alaska
POSITION STATEMENT: Testified as the governor's appointee.
MELODIE WILTERDINK, Staff
Senator Mia Costello
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 169 and the sectional analysis
on behalf of the sponsor.
JENS SCHURIG, Organizer
Sheet Metal Workers Local 23
Anchorage, Alaska
POSITION STATEMENT: Presented an overview and testified by
invitation on SB 169
RICHARD BOOTHBY, State Fire Marshall
Division of Fire and Life Safety
Department of Public Safety (DPS)
Willow, Alaska
POSITION STATEMENT: Testified by invitation on SB 169.
SCOTT HAMMOND, Research Director
National Energy Management Institute Committee (NEMIC)
Falls Church, Virginia
POSITION STATEMENT: Testified in support of SB 169.
ELIZABETH JOHNSTON, Board Chair
Alaska Board of Architects, Engineers, and Land Surveyors (AELS)
Fairbanks, Alaska
POSITION STATEMENT: Testified with concerns on SB 169.
ACTION NARRATIVE
1:46:41 PM
CHAIR DAVID WILSON called the Senate Health and Social Services
Standing Committee meeting to order at 1:46 p.m. Present at the
call to order were Senators Costello, Hughes, Reinbold, and
Chair Wilson.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
Alaska Mental Health Trust Authority Board of Trustees
1:47:19 PM
CHAIR WILSON announced the consideration of governor appointee
Kevin Fimon to the Alaska Mental Health Trust Authority Board of
Trustees.
1:47:52 PM
KEVIN FIMON, Appointee, Alaska Mental Health Trust Authority
Board of Trustees, Department of Revenue, Anchorage, Alaska,
stated he was appointed to the board pending confirmation last
July. He came to Alaska 44 years ago and lived in Nome for 11
years. In 1991 he received a degree in business accounting and
operated a tax preparation business for 31 years. His wife,
Karen McCurry, is a doctor. They have been married for 26 years
and are involved with community and charity organizations. He
opined that the Alaska Mental Health Trust Authority is a unique
organization. It has strong leadership and a caring staff. Trust
beneficiaries are fellow citizens and serving on the board would
offer an powerful way to draw on his experience. He would hope
to present innovative ideas and be efficient with resources to
improve the lives of beneficiaries. Improving the lives of
beneficiaries improves the lives of all Alaskans.
1:50:28 PM
CHAIR WILSON asked what seat he would fill on the board.
MR. FIMON said he would be in charge of the committee for audit
and risk once confirmed.
1:51:05 PM
SENATOR HUGHES stated his resume shows that he is experienced in
accounting, budgets, and non-profits. She asked if he had
experience working with the Mental Health Trust beneficiary
population.
MR. FIMON stated that living in Nome gave him a personal concern
for suicide prevention. Its devastating effects have touched
many people in the state. He is aware of legislators' concern
for remote communities. He opined that he might bring some
insight and understanding to solving the problem since he lived
in a rural community.
SENATOR HUGHES replied that she is pleased he is aware of
Alaska's high suicide rate and thanked him for being willing to
serve.
1:53:10 PM
CHAIR WILSON asked what the contributing role and responsibility
of the Alaska Mental Health Trust is in financing the Alaska
Psychiatric Institute.
MR. FIMON replied that he is aware of issues and is not averse
to the Mental Health Trust being involved in that funding. He
stated he would like more collaboration and cohesiveness between
the governor's administration and the Mental Health Trust,
perhaps even helping to facilitate it. He said the Mental Health
Trust has provided some funding to API. He is in favor of
funding that falls under the protocol and would help the
beneficiaries.
1:54:26 PM
CHAIR WILSON asked if he plans to participate in campaigning
activities this year, as he has done previously.
MR. FIMON replied that he was the treasurer for Governor
Dunleavy's campaign in 2018 and is currently the treasurer. He
stated that he would remove himself if this were a conflict.
1:55:11 PM
At ease.
1:56:03 PM
CHAIR WILSON reconvened the meeting and asked for further
questions from the committee.
1:56:12 PM
CHAIR WILSON opened public testimony on the appointment of Kevin
Fimon to the Mental Health Trust Board; finding none, he closed
public testimony.
1:56:33 PM
CHAIR WILSON solicited a motion.
1:56:36 PM
SENATOR HUGHES stated that in accordance with AS 39.05.080, the
Senate Health and Social Services Standing Committee reviewed
the following and recommends the appointments be forwarded to a
joint session for consideration:
Alaska Mental Health Trust Authority Board of Trustees
Kevin Fimon - Anchorage
SENATOR HUGHES reminded members that signing the reports
regarding appointments to boards and commissions in no way
reflects individual members' approval or disapproval of the
appointees; the nominations are merely forwarded to the full
legislature for confirmation or rejection.
1:57:12 PM
At ease.
SB 169-SMOKE/FIRE DAMPERS & SMOKE CTRL SYSTEMS
1:59:44 PM
CHAIR WILSON reconvened the meeting and announced the
consideration of SENATE BILL NO. 169 "An Act relating to the
inspection and testing of fire dampers, smoke dampers,
combination fire and smoke dampers, and smoke control systems;
and providing for an effective date."
2:00:11 PM
SENATOR COSTELLO, speaking as sponsor of SB 169, stated this
legislation is a companion to a House Bill that seeks to
decrease building fires through additional training.
2:00:43 PM
MELODIE WILTERDINK, Staff, Senator Mia Costello, Alaska State
Legislature, Juneau, Alaska, presented the sponsor statement for
SB 169 on behalf of the sponsor:
[Original punctuation provided.]
Fire dampers, smoke dampers, combination fire smoke
dampers, and smoke control systems all work to prevent
the spread of fire and smoke in public and commercial
buildings. These critical life safety systems allow
individuals to exit buildings with significantly
reduced risk of smoke inhalation, and they keep
pathways clear of smoke and fire for rescue crews.
When a fire breaks out in one room, fire and smoke
dampers seal the ductwork to prevent it from
transferring rapidly through the walls to many other
rooms. Smoke control systems pressurize the air in
stairwells to prevent smoke from entering, allowing
for safe egress for building occupants and ingress for
firefighters.
Most fire-related fatalities are not caused by burns
but by smoke inhalation, which these systems are
installed to prevent. When fire and smoke dampers go
without inspection or testing for many years, the
motors and mechanisms can fail, often sealing the
ductwork shut. To solve the problem of a blocked air
duct, HVAC technicians and maintenance crews often
prop the seals open, not understanding their purpose
and rendering the systems completely ineffective in
the case of an emergency.
Senate Bill 169 would direct the Department of Public
Safety to adopt regulations that require the
inspection and testing of fire dampers, smoke dampers,
and smoke control systems by an individual who has a
current fire and life safety certification issued
through a program accredited by the American National
Standards Institute.
2:02:48 PM
MS. WILTERDINK presented the sectional analysis for SB 169:
Sec. 1 AS 18.70.080(b) Page 1, Lines 5-12
Is amended to add subsection (b)(2) which allows the
commissioner of public safety to establish
regulations, and the Department of Public Safety to
charge reasonable fees, for the inspection and testing
of fire dampers, smoke dampers, combination fire and
smoke dampers, and smoke control systems to determine
compliance with regulations established in the
following section of the bill.
Sec. 2 AS 18.70.080(c) and (d) Page 1, Lines 13-14 &
Page 2, Lines 1-25
Amends AS 18.70.080 to add subsection (c) which states
that the Department of Public Safety must adopt
regulations regarding the inspection and testing of
fire dampers, smoke dampers, combination fire and
smoke dampers, and smoke control systems that are
consistent with the National Fire Protection
Association's 2021 and 2022 published standards for
fire doors, smoke control systems, and smoke door
assemblies.
AS 18.70.080(c)(1-4) specifics that these regulations
must apply to mental institutions, penal institutions,
group residential facilities, intermediate care
facilities, nursing homes, hospitals, schools, public
assembly buildings, state and municipal buildings, and
any other buildings in which such systems have been
installed.
Further amends AS 18.70.080 to add subsection (d)
which specifies that the regulations adopted under
subsection (c) must require that the inspection and
testing of fire dampers, smoke dampers, combination
fire and smoke dampers, and smoke control systems be
done by a fire and life safety inspection program of
the state or a municipality, or by an individual that
has a current fire and life safety certification,
issued through a program accredited by the American
National Standards Institute. Findings of
noncompliance resulting from the inspection or testing
must be submitted to the owner of the building and the
state fire marshal.
Sec. 3 AS 37.05.146(c)(37) Page 2, Lines 26-30
Is amended to insert that the fees established under
section 1 of this bill, AS 18.70.080(b), for fire and
life safety plan checks and the inspection and testing
of fire dampers, smoke dampers, combination fire and
smoke dampers, and smoke control systems are accounted
for separately, and appropriations from the receipts
are not made from the unrestricted general fund.
Sec. 4 Page 2, Line 31
Provides an effective date of January 1, 2023.
2:06:06 PM
SENATOR REINBOLD asked how much the training costs.
JENS SCHURIG, Organizer, Sheet Metal Workers Local 23,
Anchorage, Alaska, stated that the training cost varies. Anyone
can obtain training through the American National Standards
Institute (ANSI). His international union spent about $25,000 to
get ANSI accreditation. The price varies depending on how many
people take the course.
SENATOR COSTELLO clarified that the question was how much it
would cost an individual to become certified, not a trainer.
MR. SCHURIG replied that certification would cost approximately
the same as a journeyman license, which is $125 per year to
renew. The individual generally pays the renewal fee.
2:08:16 PM
SENATOR REINBOLD stated she was asking about an individual's
cost for the training. She asked for confirmation that there is
a training cost not just a license fee.
MR. SCHURIG answered that out-of-state companies offer the 16-
hour minimum training and test, but he does not know the cost.
2:08:47 PM
SENATOR REINBOLD asked if it was union training or company
training.
2:08:59 PM
MR. SCHURIG stated that for a sheet metal union member to be
eligible for the training, they donate 16 cents per hour to
dues. He is not sure what non-union workers would pay.
MS. WILTERDINK said union dues cover the training cost for union
members.
2:09:40 PM
SENATOR REINBOLD asked for follow-up information concerning how
the training and inspections required by SB 169 would drive up
costs for state-owned buildings and commercial property owners.
She would like to know the cost of certifying a trainee because,
the cost will eventually be borne as an increase in the state
budget or by consumers. She asked if SB 169 is a pro-union bill.
MR. SCHURIG stated that SB 169 is not a pro-union bill. It was
written so anyone could get the training. For a contractor to
bring an instructor to Alaska to get non-union employees
certified, the cost would entail airfare, three days at a hotel,
and the instructor's wages. Regarding an increased cost to the
state, he replied that millions of dollars had been spent
installing fire and smoke damper systems. In his experience,
many systems are not in working order, making them a loss.
Maintaining the systems is effectively a cost savings. He
likened it to buying a new car and then not putting oil in it.
It is cheaper to do an oil change than replace an engine.
2:12:25 PM
SENATOR HUGHES asked whether HVAC technician training includes
basic information on the purpose and function of fire and smoke
dampers.
MS. WILTERDINK opined that that lifesaving ventilation systems
are not part of the training HVAC technicians receive.
2:14:04 PM
SENATOR HUGHES opined that if there is concern about safety in
schools and other buildings, HVAC technicians should be trained
not to disable lifesaving ventilation systems. She noted public
and private building uses are mentioned on page two of SB 169.
She questioned whether fairground buildings, bingo halls,
restaurants, or bars could be considered entertainment. She
expressed concern about placing additional fees on private
businesses. She asked how much the Department of Public Safety
would charge for an inspection fee.
2:16:09 PM
SENATOR COSTELLO replied that in SB 169, page 1, language not in
the bold font was already in statute. Therefore, the
commissioner of public safety by regulation already establishes
the minimum standard of compliance for fire detection and
suppression equipment plan checks for the buildings listed. She
stated she did not think SB 169 would affect a fairground unless
a building was constructed where people would meet.
2:17:07 PM
SENATOR HUGHES said that it is important to be aware that in SB
169, on page 1, businesses are charged a fee for general
inspection. The fee to businesses would increase by adding a
damper inspection. She opined that the fee amount should be
known. She noted that in Section 2, subsection (c)(4) on page 2,
lines 15 - 16, the term "other buildings" is listed. She asked
if homes are ever built with damper systems that could cause
homeowners to incur a fee.
SENATOR HUGHES asked how much inspection fees would increase due
to the addition of damper inspections and whether the fee
increase would vary by building size. She also asked whether
some homeowners would need to pay an inspection fee.
2:18:42 PM
RICHARD BOOTHBY, State Fire Marshall, Division of Fire and Life
Safety, Department of Public Safety (DPS), Willow, Alaska,
stated that the current statute gives authority to charge for
plan checks, which is the plan review portion of the damper fire
and smoke control systems. The department does not yet have the
authority to charge for inspections, nor does its personnel have
the necessary certification to do the inspections. To meet the
requirements of SB 169, they will need to be trained. He said
inspections could lead to fee increases. For example, consider
the locations of Alaska's rural schools. Schools are statewide,
and there will be travel costs associated with the inspection.
The department currently uses codes 2012 and 21. It already has
provisions for inspections to be completed but does not address
training.
2:20:18 PM
SENATOR HUGHES said that the fee that can currently be charged
is for when a building is in the planning stage. Staff will
first need to be trained and certified before performing
scheduled inspections and testing of damper systems following
installation. She asked what the price range for inspections
would be if SB 169 were to pass and staff became certified.
2:21:18 PM
MR. BOOTHBY said it is correct that there is no charge for any
inspection to date. Damper fire and smoke system inspections
would be the first inspections to have a fee. It is also correct
that staff would need additional training and certification to
do the inspection. There will be a cost for staff to travel, and
staff may need to be hired to assist the five deputies who do
other inspections. An analysis would need to be done to
determine how many buildings would need to be inspected and how
much staff would be required.
SENATOR HUGHES reasoned that since a dollar amount was not
offered, the fee could be estimated based on airfare and labor.
She asked whether a homeowner would ever need to pay for a
damper inspection.
2:22:46 PM
MR. BOOTHBY replied that single-family residential homes would
not need to be inspected. Residencies such as assisted living
homes that are zoned R4 high-density housing could be charged if
the building has fire barriers or firewalls. Other institutional
housing, like those listed in SB 169, would be subject to the
fee.
MR. SCHURIG stated he had been a sheet metal worker for 20
years. He has been a test inspector of fire and smoke dampers
and smoke control systems for the past seven years, mainly in
hospitals. He has found the systems to have a sizeable fail
rate. He stated his belief that this is partly due to other
contractors not having proper and continued training.
2:24:35 PM
MR. SCHURIG stated there are eight components to the fire life
safety ecosystem, and each plays a critical role in protecting
property. The eight components are: government responsibility,
development and use of current codes, referenced standards,
investment and safety, skilled workforce, code compliance,
preparedness and emergency response, and informed public. He
stated that SB 169 would help maintain the system by mandating
that people doing the inspections have proper training and
certification.
2:25:34 PM
MR. SCHURIG turned to slide 3 and showed an example of a fire
damper that uses a remote switch to indicate whether a gate is
open or closed. Some links in the damper were broken, so the
switch indicated it was closed, even though it did not fully
close. A technician needs to be physically present and watch the
gate actuate to do a proper inspection.
2:26:22 PM
SENATOR COSTELLO asked how the building was being used.
MR. SCHURIG stated it was a commercial building. He said he did
not take all the pictures. The pictures represent the "Hall of
Shame" for dampers and are a nationwide compilation.
2:26:57 PM
MR. SCHURIG advanced to slide 4 and said it is common to see
data cables run through an open fire damper because it is an
easy shortcut. He moved to slide 5, which showed plumbing pipes
passing through a damper. Both make it impossible for the damper
to shut. He stated such instances are not uncommon and showcase
why periodic inspections need to be done.
2:27:30 PM
CHAIR WILSON asked who is liable when a damper is blocked from
operating.
MR. SCHURIG opined that the person who installed it would be
liable. They would need to be notified and back charged.
However, this is difficult even when good records have been
kept. It is better to be diligent and do timely inspections.
2:28:17 PM
MR. SCHURIG said that using a zip tie to hold open a damper is
similar to what happened in the 1980 MGM fire where 85 people
died. Pictures in the report show wires were used to replace
missing links. A properly trained person would know what a
fusible link is, the temperature at which it melts, and where a
replacement could be obtained. Through training, people learn
how to make an easy fix correctly. Not squaring a damper during
installation can keep it from shutting. A person doing a walk-by
inspection would not realize its dysfunction until they
attempted to close it.
2:29:54 PM
MR. SCHURIG moved to slide 9 and stated it was a picture he took
in Alaska where a cup was used to prop open a damper. A 40-year-
old pop-top beer can was also found keeping a damper open.
Unlike the cup and can, which could burn in a fire, items like
rocks would never let a damper close.
2:30:35 PM
MR. SCHURIG moved to slide 12 and said that there are different
life safety system trades, and technicians do not necessarily
understand how the other systems operate, as seen in the photo
where the conduit for a fire alarm is run through an HVAC fire
damper.
2:31:14 PM
MR. SCHURIG advanced to slide 13 and pointed out that a fire
damper can appear operational from a distance. However, upon
closer inspection, the link to hold the damper open had been
broken and replaced with wire, which is the same scenario as the
MGM hotel fire. HVAC damper systems are important because
according to the National Fire Protection Association (NFPA),
smoke travels at 120-420 feet per minute during an active fire.
Statistics show that approximately 70 percent of all building-
related deaths are associated with smoke inhalation, and most
victims are not located in the same room as the origin of the
fire. HVAC systems penetrate every occupied space in a building.
Dampers within the HVAC system are critical to the flow control
of fire, smoke, and toxic gasses. The MGM Hotel fire started on
the first floor. Smoke went through the mechanical shaft, and
most people perished on the upper floors. The systems are
designed to keep smoke out of safe paths of egress. Guests heard
the fire alarms, left their rooms without the room key, entered
a smoke-filled hallway, and could not renter their rooms.
2:33:01 PM
SENATOR HUGHES asked how many people died in the MGM fire.
MR. SCHURIG replied that 85 people died and 117 were injured,
including firefighters.
2:33:49 PM
MR. SCHURIG advanced to slide 22 and spoke to a recent study by
Dr. James Milke, Chair of the Department of Fire Protection
Engineering at the University of Maryland, on the viability of
HVAC dampers. The study is a compilation of contractors'
information from the United States. The study concluded that
1,441 buildings contained 170,354 fire dampers, smoke dampers,
and combination fire and smoke dampers; of these dampers, 81,038
needed repair. He determined that 47.5 percent of dampers
required repair. Dr. James Milke has authored two well-known
books and is highly respected in the industry.
2:35:24 PM
MR. SCHURIG said damper inspection follows International Fire
Code (IFC), which is based on the National Fire Protection
Association (NFPA) standard. The code states that each damper
will be inspected in the commissioning process, the year
following, and then every four years, with the exception that
hospitals are inspected every six years. Fire alarm and
sprinkler systems are annually inspected. So, the cost of an
inspection is essentially a quarter of what would be paid for
fire and sprinkler systems. However, he stated that in his
experience inspections on damper systems do not happen according
to code. He said that Juneau follows 2012 IFC code, Fairbanks
follows 2015, and Anchorage recently adopted 2018.
2:37:00 PM
MR. SCHURIG moved to slide 27 and stated there are three
required tests for the installation, testing, and maintenance of
fire, smoke, and combination dampers. Operational testing is
done after the damper is installed but prior to occupation.
Acceptance testing is done after the damper and associated HVAC
and Fire Life Safety (FLS) controls are operational. Periodic
testing is done one year after acceptance testing and then every
four years thereafter. For reasons of sterilization and
intrusiveness, hospitals are only inspected every six years. The
testing procedure includes visual confirmation of proper
operation. The 2019 NFPA code allows for remote inspection of
dampers that have that capability after an initial visual
inspection has been performed. He stated that 2019 NFPA 105
covers code for smoke and that the timing for inspections is the
same as 2019 NFPA 80 for fire.
2:38:21 PM
SENATOR COSTELLO asked if heat triggers both fire and smoke
dampers to close.
MR. SCHURIG said fire dampers are mechanical and close when a
link melts at 165 degrees Fahrenheit. Smoke dampers have a motor
that is connected to the fire alarm system. The motor is
activated and closes the damper when an alarm is pulled or a
fire detector goes off. Combination dampers have a motor with an
electronic fusible link. The fuse pops at either 165 or 212
degrees Fahrenheit.
2:39:28 PM
SENATOR COSTELLO asked if combination dampers are harder to
install and repair and if they fail more often because they are
more complex.
2:39:46 PM
MR. SCHURIG replied yes. He stated that in his experience, any
motor installed before the year 2000 does not work. It is a
common occurrence for older motors to be fried leaving the
damper stuck in either the open or closed position. He said that
he tested 39 dampers at a rural hospital in Alaska and 37 of the
motors failed in the open position. He stated that he also
tested dampers at a large Alaskan hospital built in 1999 and
found that none of the dampers worked. When the temperature in a
room is too hot, a person will call maintenance and complain.
Maintenance will find that a motor is dead and undo the linkage
to open the damper for ventilation and unknowingly create a
problem.
2:41:32 PM
SENATOR REINBOLD stated she found it alarming that these issues
are common and asked how much damage can be done and what the
impacts are.
MR. SCHURIG replied think about costs. A small nuisance fire
could become catastrophic if all the systems were not working.
He stated that from personal experience, and Dr. Milke's study,
he knows that many of the HVAC Life Safety Systems are not
functioning. He described the consequences of a fire alarm
system failing. People on the upper floors would not be aware of
the fire until smoke traveled through the ducts and filled the
stairwells, leaving no safe egress because the fire would have
made the elevators inoperable. If the fire alarm system worked,
most people would have time to evacuate. It is usually the
elderly and children who do not evacuate in time. He added that
first responders also need a safe path of egress, but if the
system is not working, they would not have it. He stated that
people in a recent New York fire died because there was no safe
egress. The smoke control system functioned but stairwell doors
had been propped open allowing smoke to fill the stairwell.
2:43:47 PM
SENATOR REINBOLD asked if the bill has any impact on carbon
monoxide detectors. She had a recent experience that made her
aware of its danger and installed a detector. She asked if
inspections would be done for carbon monoxide detectors.
MR. SCHURIG replied no. He stated that although humans should
not breathe smoke or carbon monoxide, they are different. He
said he would like to speak on air quality in the future.
2:45:09 PM
MR. SCHURIG moved to slide 34 and stated that another problem
technicians encounter is access doors being too small to do a
physical inspection where the damper link is dropped, cleaned,
lubricated, or replaced. He stated he had seen access doors as
small as six inches but, from personal experience, knows that 16
inches is needed to fit into the duct. He stated that code
requires a 12-inch square minimum opening, and damper access
panels are to be labeled in half-inch font, yet it is uncommon.
Unlike sprinklers and fire alarms, dampers are out of sight, so
it is easy not to think about them. Getting to the damper is not
always easy, so training in problem solving is needed.
2:47:11 PM
MR. SCHURIG opined that only people who are certified through a
program accredited by ANSI under the International Organization
for Standardization (ISO) / International Electrotechnical
Commission (IEC) 17024 standard should be employed to do the
inspections for purposes of quality control. SB 169 seeks to
raise the standard of testing to meet that of other Life Safety
Systems. Currently, anyone with HVAC knowledge can test and
inspect the smoke and fire damper system, which is part of the
problem. Standards for testing fire and smoke dampers were
instituted in the early 1900s, and then in 2007, the standards
were introduced into the national fire code.
2:49:01 PM
MR. SCHURIG moved to slide 43 and stated fire dampers and
butterfly dampers have fusible links. In contrast, the
combination fire and smoke damper has an electronic fusible link
that connects to the motor. The motor allows the door to open
and shut. It is the same Honeywell model that had a recall. Fire
dampers became common in the 1930s, and smoke dampers in the
1950s.
2:49:33 PM
SENATOR REINBOLD stated she passionately disagrees with mask
mandates because of the bacteria incubation and hypoxia mask-
wearing causes, especially in children. She said she is
concerned about air quality for children and would like to know
more about the air quality in schools.
2:50:16 PM
SENATOR HUGHES stated she agrees that technicians who inspect
the systems should be certified and proficient. However, she
opined that others who work with or around HVAC systems should
also be trained so that the system is not unknowingly made
inoperable. She asked if he agreed that others should have the
training.
2:50:49 PM
MR. SCHURIG replied that maintenance workers do not perform fire
alarms or sprinkler systems tests. SB 169 is trying to prevent
maintenance workers from being able to perform fire and smoke
damper inspections because they are part of a building's
lifesaving system. A third-party contractor should do
maintenance of lifesaving systems. Usually, the fire marshal
receives a report from the third-party contractor saying testing
and maintenance have been performed. The fire chief then
inspects the report. He stated that Mr. Boothby and his staff
are authorities having jurisdiction (AHJ), so they can be
inspectors without extra training.
2:51:48 PM
SENATOR HUGHES restated her question and asked should
maintenance people and others who work around HVAC systems be
given awareness training so that the dampers are not made
inoperable.
MR. SCHURIG replied yes, and SB 169 will help raise awareness of
the problems. He stated that having maintenance test safety
systems is a conflict of interest.
SENATOR HUGHES stated she was not suggesting that building
maintenance should test safety systems but should know how they
work.
2:53:00 PM
MR. SCHURIG stated that maintenance workers would become
knowledgeable by enforcing inspections because a technician
typically interacts with maintenance during inspections.
2:53:28 PM
CHAIR WILSON opened public testimony on SB 169.
2:53:38 PM
SCOTT HAMMOND, Research Director, National Energy Management
Institute Committee (NEMIC), Falls Church, Virginia, stated he
has worked in the HVAC industry since 1986. He serves as a
technical committee member for the International Certification
Board (ICB), which developed and maintained certifications
accredited by the American National Standards Institute (ANSI)
for fire and smoke damper technicians. He stated that with 47.5
percent of dampers needing repair, SB 169 would require a
trained workforce to perform periodic physical inspection and
maintenance, resulting in increased awareness.
2:55:02 PM
ELIZABETH JOHNSTON, Board Chair, Alaska Board of Architects,
Engineers, and Land Surveyors (AELS), Fairbanks, Alaska, stated
she is a professional electrical engineer and fire protection
engineer. She serves on the Alaska State Board of Registration
for Architects, Engineers, and Land Surveyors. She stated that
the Alaska State Fire Marshall adopted the International Fire
Code, which says in section 909 that dampers shall be tested in
the installed condition. SB 169 is duplicative in that it tells
the Department of Public Safety to adopt a code that has already
been adopted. Alaska has not yet adopted NFPA 80, 92, or 105,
which are referenced in SB 169. She said the codes speak to
damper inspections and should be included in the legislation.
She said while SB 169 sets a standard for performing
inspections, it limits approved certification to ANSI and a
state or municipality's Fire and Life Safety Inspection Program.
It is concerning that SB 169 does not allow qualified fire
protection, mechanical, control, or electrical engineers, who
are qualified by their training and experience, to do the
inspections. She stated her belief that SB 169 should be amended
to allow the work to be done by engineers without having to
obtain additional ANSI certification.
2:57:08 PM
CHAIR WILSON closed public testimony on SB 169.
2:57:24 PM
SENATOR COSTELLO asked Mr. Schurig to comment on public
testimony regarding certification standards.
MR. SCHURIG stated that fire safety engineers should be allowed
to inspect fire and smoke damper systems as he was mistaken in
thinking they were ANSI certified. He would be willing to have
SB 169 amended.
2:58:04 PM
At ease.
2:58:30 PM
CHAIR WILSON reconvened the meeting and held SB 169 in
committee.
2:59:42 PM
At ease.
3:00:06 PM
CHAIR WILSON reconvened the meeting and finding no further
business to come before the committee, adjourned the Senate
Health and Social Services Standing Committee meeting at 3:00
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 169 PowerPoint Presentation.pdf |
SHSS 2/22/2022 1:30:00 PM SHSS 2/24/2022 1:30:00 PM |
SB 169 |
| SB 169 Sectional Analysis version A.pdf |
SHSS 2/22/2022 1:30:00 PM SHSS 2/24/2022 1:30:00 PM |
SB 169 |
| SB 169 Sponsor Statement.pdf |
SHSS 2/22/2022 1:30:00 PM SHSS 2/24/2022 1:30:00 PM |
SB 169 |
| SB 169 Supporting Document - Trifold Brochure.pdf |
SHSS 2/22/2022 1:30:00 PM SHSS 2/24/2022 1:30:00 PM |
SB 169 |
| Kevin Fimon Resume 2021 AMHTA_Redacted.pdf |
SHSS 2/22/2022 1:30:00 PM |
Confirmations |
| SB 169 FN DPS.pdf |
SHSS 2/22/2022 1:30:00 PM SHSS 2/24/2022 1:30:00 PM |
SB 169 |