04/23/2002 01:39 PM House FIN

HOUSE BILL NO. 399                                                                                                            
                                                                                                                                
     An  Act relating  to the  Uniform  Mechanical Code  and                                                                    
     other  safety  codes;   annulling  certain  regulations                                                                    
     adopted  by the  Department of  Community and  Economic                                                                    
     Development  relating  to   the  mechanical  code  that                                                                    
     applies   to  certain   construction  contractors   and                                                                    
     mechanical   administrators;  and   providing  for   an                                                                    
     effective date.                                                                                                            
                                                                                                                                
REPRESENTATIVE LESIL  MCGUIRE, SPONSOR, spoke in  support of                                                                    
the  legislation.  She  observed that  the  Committee  could                                                                    
adopt a  proposed committee  substitute, which  would return                                                                    
the  legislation to  its original  form or  adopt the  House                                                                    
Labor  and Commerce  version of  the legislation.  The House                                                                    
Labor and Commerce  version is the product  of a compromise.                                                                    
House  Bill  399 was  created  to  correct a  separation  of                                                                    
powers  violation. She  noted that  as the  chairman of  the                                                                    
Administrative Regulation Review  Committee she has reviewed                                                                    
at least  25 issues  questioning if the  regulations comport                                                                    
with the original intent of  the legislation. She noted that                                                                    
HB 399 was  the first bill that she has  introduced to annul                                                                    
regulations.  There are  three statutes  that reference  the                                                                    
Uniform Mechanical  Code, which  is a  trademark proprietary                                                                    
document.                                                                                                                       
                                                                                                                                
Representative McGuire referred  to AS 8.40.270(3) governing                                                                    
the  examination  of   a  mechanical  contractor  applicant.                                                                    
Applicants  must  be  familiar  with  the  following  codes:                                                                    
Uniform Plumbing  Code, Uniform Swimming Pool,  Spa, and Hot                                                                    
Tub Code,  and Uniform  Solar Energy  Code, and  the Uniform                                                                    
Mechanical  Code.  There  is  a  four-year  code  cycle.  In                                                                    
September 2002, the Department of  Public Safety made a move                                                                    
to adopt regulations that  would implement the International                                                                    
Mechanical   Code.   She   noted  that   the   Division   of                                                                    
Occupational Licensing intended to follow suit.                                                                                 
                                                                                                                                
Representative   McGuire   pointed   out   that   when   the                                                                    
legislature chooses a technical term,  as they have with the                                                                    
Uniform Mechanical  Code, that  those terms are  presumed to                                                                    
have   the  technical   meaning.  She   maintained  that   a                                                                    
department has decided  to make a policy issue  based on the                                                                    
actions  of another  department,  which is  in violation  of                                                                    
law.  She  pointed out  that  the  Division of  Occupational                                                                    
Licensing  opted  to  change  their  regulations  in  direct                                                                    
violation  to what  the legislature  placed in  statute. She                                                                    
stressed that  she indicated  to the  division that  she was                                                                    
willing to work with them  and cautioned that there would be                                                                    
an  clear issue  of the  separation of  powers and  that any                                                                    
change  should come  through legislation.  There are  severe                                                                    
arguments regarding the merits  of International Code versus                                                                    
Uniform  Mechanical Code.  She pointed  out that  people are                                                                    
going  to  be  passionate  about  what  they  do  and  their                                                                    
livelihood.                                                                                                                     
                                                                                                                                
TAPE HFC 02 - 91, Side B                                                                                                      
                                                                                                                                
Representative McGuire stressed  that the legislature guides                                                                    
policy and  maintained that the change  is being spearheaded                                                                    
by  one major  urban area.  The  entire state  is under  the                                                                    
Uniform Mechanical Code.   There are people  in the business                                                                    
that  know  the code,  which  has  been changed  "overnight"                                                                    
through a regulation.                                                                                                           
                                                                                                                                
Representative McGuire  noted that  the first  version would                                                                    
repeal   the  regulations.   She   pointed   out  that   the                                                                    
Municipality of Anchorage has postponed  the adoption of the                                                                    
                                             th                                                                                 
International  Mechanical Code  until  May 10.   The  second                                                                    
version recognizes  that there  may be a  move to  adopt the                                                                    
International Mechanical Code and would test under both.                                                                        
                                                                                                                                
Representative   McGuire   discussed   the   Department   of                                                                    
Community  and Economic  Development's fiscal  note for  $40                                                                    
thousand  dollars. The  department noted  in their  proposed                                                                    
fiscal note that  the state Fire Marshal  currently uses the                                                                    
International  Code,  which  would   be  superceded  by  the                                                                    
legislation and require new licensing  tests that would need                                                                    
to  be  rewritten. She  argued  that  the bill  specifically                                                                    
allows the 1997 test to be given.                                                                                               
                                                                                                                                
Representative  McGuire  stressed that  it  would  be a  bad                                                                    
precedent to allow a department  to adopt regulations on the                                                                    
basis  of  regulations  adopted by  another  department,  in                                                                    
direct contrast  to statute adopted by  the legislature. She                                                                    
maintained that  the issue  is black and  white. There  is a                                                                    
law on the books that  specifies mechanical code that should                                                                    
not be changed until the legislature adopts a change.                                                                           
                                                                                                                                
Representative  Harris  questioned   which  version  of  the                                                                    
legislation she  supports. Representative  McGuire responded                                                                    
that although  there is  a move to  go to  the International                                                                    
Mechanical Code, all  the participants have not  been at the                                                                    
table. She  observed that the  "little guys" weren't  at the                                                                    
table. She  supports continuation of the  Uniform Mechanical                                                                    
Code  until the  process  has been  followed (House  Finance                                                                    
Committee  proposed committee  substitute 22-LS1461\O).  She                                                                    
observed that the O version carries no fiscal note.                                                                             
                                                                                                                                
CATHERINE  REARDON,   DIRECTOR,  DIVISION   OF  OCCUPATIONAL                                                                    
LICENSING,    DEPARTMENT   OF    COMMUNITY   AND    ECONOMIC                                                                    
DEVELOPMENT, spoke  to the fiscal  note. She  explained that                                                                    
she  submitted a  zero fiscal  note to  the House  Labor and                                                                    
Commerce  [the fiscal  note  was not  adopted  by the  House                                                                    
Labor and Commerce Committee].                                                                                                  
                                                                                                                                
HB  399  was  heard  and   HELD  in  Committee  for  further                                                                    
consideration.