Legislature(2001 - 2002)
04/25/2002 02:14 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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."
CATHERINE REARDON, DIRECTOR, DIVISION OF OCCUPATIONAL
LICENSING, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
provided testimony on HB 399. She noted that the legislation
would nullify regulations adopted by the Division regarding
the definition of uniform mechanical code and mechanical
administrator and affect the mechanical contractor statutes.
She added that the House Labor and Commerce version also
provides some clarification regarding administration of the
program after repeal of the regulations. She stated that the
Division could work with CS HB 399 (L&C). The Division has
submitted a zero fiscal note with the proposed committee
substitute. Applicants would be given the choice of taking
their examinations on either the Uniform Mechanical Code of
1997 or the International Mechanical Code of 2000. After
December 31, 2003 the Division would test on the current
version of the mechanical code that has been adopted in the
state. She felt that health and safety would be protected
under either test.
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY GENERAL, DEPARTMENT
OF LAW, stated that the department would support the House
Labor and Commerce version of the legislation. The
department supports clarification of the law, which the
legislation would provide.
JOE GELDHOFF, MECHANICAL CONTRACTORS OF ALASKA, JUNEAU,
testified via teleconference. He spoke in support of the
proposed committee substitute. He maintained that the Labor
and Commerce version does not clarify a number of issues; it
leaves the Alaska Housing Finance Corporation (AHFC)
hanging, does not meet concerns expressed by the
Municipality of Anchorage, and does not address the
legislative law making powers under the Constitution. He
asserted that the regulations are being used to adopt a new
code and should be annulled.
Representative John Davies clarified that the annulment
language is identical in the Labor and Commerce Committee
version and the proposed committee substitute, version O.
JOHN BITNEY, LEGISLATIVE LIAISON, ALASKA HOUSING FINANCE
CORPORATION, DEPARTMENT OF REVENUE, observed that section 2
on page 2 amends the Alaska Housing Finance Corporation
(AHFC) statutes defining state building code. The
Corporation may not make or purchase a housing loan for
residential housing the construction of which begins after
June 30, 1992, unless the seller of the mortgage loan
complies with the state building code, which is defined in
the language being amended.
The current statutes provide that buildings funded by AHFC
must meet Uniform Building Code standards that were adopted
by the Department of Public Safety and mechanical standards
set out in the Uniform Mechanical Code that were adopted by
the Department of Public Safety. Last fall the Department of
Public Safety adopted the International Mechanical Code. The
legislation changes "Uniform Mechanical Code" to "mechanical
code". He pointed out that it would be cleaner to also
change "Uniform Building Code" to the more generic term
"building code" on line 10. He observed that statutes refer
to the standard adopted by the Department of Public Safety.
Therefore, the Alaska Housing Finance Corporation (AHFC) has
interpreted action by the Department of Public Safety to
mean that mortgages should confirm to the International
Mechanical Code. He stressed that confusion remains due to
the reference to the Uniform Mechanical Code in the statute.
Representative Lancaster questioned if "Uniform Plumbing
Code" should be changed to "plumbing code" on page 1. Mr.
Bitney noted that the reference on page 1 refers to
occupational licensing and is not an issue for AHFC.
Co-Chair Mulder MOVED to ADOPT Amendment 1: delete "uniform"
on page 2, line 10. There being NO OBJECTION, it was so
ordered.
Co-Chair Mulder MOVED to report CSHB 399 (FIN) out of
Committee with the accompanying zero fiscal note. There
being NO OBJECTION, it was so ordered.
CSHB 399 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with one previously published
fiscal note (REV #1); and two zero fiscal notes: CED and
LAW.
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