Legislature(2017 - 2018)SENATE FINANCE 532
04/17/2018 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB38 | |
| HB400 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 38 | TELECONFERENCED | |
| + | HB 400 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 400
"An Act relating to the collection of fees by the
Department of Public Safety for fire and explosion
prevention and safety services."
10:37:18 AM
Co-Chair MacKinnon informed that the committee was hearing
the bill for the first time.
CATHY SCHLINGHEYDE, STAFF TO REPRESENTATIVE KREISS-TOMKINS,
informed that the bill arose from a statutory
recommendation of the House Finance Subcommittee on the
Department of Public Safety, and was introduced as a House
State Affairs Committee bill. The bill tried to address
concerns in the Division of Fire Safety pertaining to
building inspections. The goal of the division was to
inspect all buildings every two years, however buildings
off the road system were being inspected every 3 to 5 years
due to insufficient travel funding. The bill would allow
the division to collect fees for the spectrum of services
it provided in order to help fund travel. Currently the
division could collect fees for building plan checks, but
not for building inspections or permitting for installation
of fire suppression systems.
Ms. Schlingheyde referenced Section 1 of the bill, which
gave authority to collect the fees, and Section 2 set up
the receipt authority to receive the funds.
Co-Chair MacKinnon asked about the frequency of building
inspections.
Ms. Schlingheyde relayed that the goal of the division was
to inspect buildings every two years.
Co-Chair MacKinnon asked if there was a list of needed
improvements created at the time of inspection. She
considered that building inspections every two years could
be burdensome. She asked how building owners were held
accountable after buildings were inspected.
DAVID TYLER, FIRE MARSHAL, DIVISION OF FIRE AND LIFE
SAFETY, DEPARTMENT OF PUBLIC SAFETY, stated that there was
accountability for building owners, but not to the degree
desired by the division. He discussed the inspection
process, which included a notice to correct and a timeline
if any deficiencies were found. He stated that the only
more severe actions available were a misdemeanor charge or
closing the building down. He stated that it was difficult
to get to remote areas for inspections, and second
inspections were even more difficult.
Mr. Tyler relayed that the division was trying to find more
efficient ways to verify that follow-up work had been done
without having to physically go to the building site. He
stated that the division's goal was 1,500 inspections per
year, and the division was responsible for approximately
3,000 buildings. He thought the division could complete
inspections for 500 buildings in 2018 due to travel
restrictions. In some cases, buildings had gone 6 to 8
years without being inspected, because of the remote
location.
10:41:53 AM
Co-Chair MacKinnon asked about the order to correct.
Vice-Chair Bishop observed that the insurance industry
should be concerned if inspections were not being completed
in a timely manner. He discussed liability.
Mr. Tyler wished there was more interest from the insurance
industry.
Co-Chair Hoffman asked why rural facilities were not
inspected. He wondered if the division had a rotating
schedule for inspections based on the area of the state. He
discussed equity. He thought the disparity should have been
addressed already.
Mr. Tyler asserted that the disparity had been addressed
and recounted that between 2001 and 2007, there had been
over $50 million worth of loss in public schools. He
referenced a fire in Hooper Bay, which was preventable and
started from kids played under the school. He recalled 76
fires during the time period. In 2008, the division had
received an increment to help with travel and had full
staffing. Over the following five years, there had been
$1.4 million worth of loss. Subsequently there were
vacancies and staffing issues, as well as travel cuts. He
stated that there was currently up to over $2 million per
year in fire loss. He wanted additional funding. He
recalled that the division had accomplished 1,300 to 1,400
inspections per year in its most successful period; and
numbers indicated the work was successful preventing fires.
10:45:42 AM
Senator Olson commented on the serious nature of fire in
rural Alaska, where there was not sufficient fire-fighting
capacity. He referenced financial losses, and a large fire
in Hooper Bay. He discussed a fire in Nome at the Polaris
Hotel, in which there was loss of life. He wondered how the
event could have been prevented.
Mr. Tyler stated that the division could have done more
follow up inspection. The division had known that the fire
alarm in the hotel was not functioning. The division had
issued an immediate order to correct and had been assured
that the matter had been corrected by the building owners.
The matter had not been corrected, but he was not able to
go into further detail. The division was taking legal
action on the matter and the case was currently in the
office of special prosecution.
Senator Olson commented that the issue brought up by Mr.
Tyler was very concerning. He referenced an amendment he
had offered to the operating budget, related to fire
prevention. The amendment had been defeated. He thought the
legislature was obligated to look at the possibility of
increasing the amount of funding for inspections to curtail
the loss of life and public facilities that would end up
being paid for by the state.
10:47:56 AM
Co-Chair MacKinnon OPENED public testimony.
Co-Chair MacKinnon CLOSED public testimony.
Vice-Chair Bishop asked if there were any independent third
parties that completed the same inspections as the
division, that would be acceptable to the division.
Mr. Tyler informed that there were companies that did
inspection work and maintenance on fire alarm systems and
fire suppression systems. The division permitted and
licensed the contractors and checked the work of the
contractors.
Co-Chair Hoffman referenced the Nome fire, and asked if it
would have been possible to use the fire chief in Nome to
ascertain whether the correction order had been followed
and completed.
Mr. Tyler stated that the division was working on a process
to work with the local fire authorities. The new system
would allow the division to use an outside company to work
with vendors to do fire inspections. The system would
provide for immediate information on compliance, with no
charge to the state or local communities.
10:50:29 AM
Senator Micciche asked if Mr. Tyler could provide
information on the role of local fire personnel, insurance
inspectors, fire marshals, and gaps he envisioned in the
system. He thought it would be helpful to have a longer
discussion.
Mr. Tyler stated that there was a deferral program for when
communities could complete inspections and fire
investigations. He listed communities (including Ketchikan,
Juneau, Anchorage, Fairbanks) that were participating. He
believed local government could do the work better than the
state could, and the state could do the work better than
the federal government. There was an annual fire building
officials' forum to discuss common issues, which was also
used for co-development process. He thought travel
restrictions were a big hole in the process.
Co-Chair MacKinnon stated the committee would not cover the
fiscal note due to lack of time.
Senator Stevens was distressed to learn of the losses in
public schools in 2001. He considered that raising fees
would only cost the state money. He asked if there was
prioritization of public schools over other structures.
Mr. Tyler stated that the division prioritized schools, and
other higher-risk occupancies (such as daycares, churches,
and community centers) when doing inspections.
Co-Chair MacKinnon asked if the fire marshal provided
notice before arriving to inspect a building.
Mr. Tyler stated that there was a pre-inspection form sent
ahead of time for building owners to consider. The goal of
the division was compliance rather than enforcement.
Co-Chair MacKinnon expressed a concern that the department
was left to itself to set the fees proposed in the bill.
She asked the department to provide a fiscal note that
correctly reflected the revenue.
HB 400 was HEARD and HELD in committee for further
consideration.
Co-Chair MacKinnon set the bill aside.
Co-Chair MacKinnon discussed the agenda for the afternoon.