Legislature(2003 - 2004)
02/26/2003 01:35 PM Senate CRA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SB 38-ADOPTION OF SAFETY CODES
CHAIR WAGONER announced there was a work draft committee
substitute (CS) in the packets. The hearing was intended to be
informational; members could address questions to the sponsor,
but public testimony would be taken at a later time. The bill
would not move from committee that day. He asked for a motion to
adopt the draft and for the sponsor to explain the substitute.
SENATOR GARY STEVENS made a motion to adopt CSSB 38 as the
working document.
There being no objection it was so ordered.
SENATOR GENE THERRIAULT, sponsor of SB 38, apologized for not
having the CS available sooner.
Last session a number of bills were introduced regarding
building code issues, but none came to fruition. A Fairbanks
group approached him this year and asked him to push the issue
to a final resolution. [See sponsor statement in committee
file.]
In Alaska, construction safety codes are divided between two
departments. Fire, building, and mechanical contracting codes
are under the jurisdiction of the fire marshal at the Department
of Public Safety (DPS) while the electrical and the plumbing
codes are housed in the Department of Labor (DOL). Recently the
fire marshal elected to switch from the Uniform Code family to
the International Code family, which triggered a number of
problems.
The CS proposes to move the mechanical codes in with the other
building trade codes and to leave the building and fire codes
with the Department of Public Safety. Individuals performing
plumbing, electrical and mechanical job functions must all
participate in continuing training to maintain certification
where building and fire codes have design phase public safety
application. Further justifying the switch is that information
from the Department of Community and Economic Development
Division of Occupational Licensing regarding statutes and
regulations for mechanical administrators indicates plumbing job
functions are a subset of mechanical functions. Meshing code
requirements from two departments is problematic at best.
To save project time and money, the CS allows any project
started under the international mechanical code to continue
under those codes to completion. Additionally, the workforce is
allowed time to retrain because new safety codes would not take
effect until three years after adoption.
Understandably, turf battles exist between departments, between
segments of organized labor, and between individuals that write
the codes. Because the complexities of the issue are extensive,
it is time for legislators to understand the implications of the
issue and make a policy decision.
He asked if there were any questions.
SENATOR ELTON asked whether the CS adequately addresses turf
battles to get away from conflicts that may extend to the
authority of plumbers to outside the building into areas that
are traditionally handled by other sectors of the labor market.
The CS shifts the mechanical code authority to the Department of
Labor, but it doesn't necessarily change the relationship
plumbers may have with individuals that are doing underground
work outside a building. He asked if that was correct.
SENATOR THERRIAULT said it was not his intent to shift duties
individuals could perform.
SENATOR ELTON referred to the transition period addressed in the
CS and asked how a transition period was handled when the
Department of Public Safety shifted from Uniform to
International Codes.
SENATOR THERRIAULT replied he wasn't certain and that would be a
good question to address to the department directly. The
authority by which DPS adopted the International Code was
challenged, but the statute was confusing because it refers to
the uniform code and the courts interpreted the word "uniform"
to be generic saying it spoke of a code not specifically the
Uniform Code. If there was a transition period, part of it might
have been used up by the litigation during which time people
weren't sure whether to retrain or not. Other areas in statute
speak specifically of the Uniform Code, which points out the
need to clarify terminology.
SENATOR ELTON asked whether the statutory conflicts were
addressed in the CS.
SENATOR THERRIAULT admitted they weren't addressed but could be
depending on the legislative policy call.
SENATOR ELTON commented the letter from the City of Fairbanks
was strongly worded and he wondered whether the CS addresses the
concern that local government should have the authority to
establish practices they think are best for themselves.
SENATOR THERRIAULT replied it was his intent to preserve local
control as much as possible. He did want the fire marshal to
respond to the impact of allowing local control.
SENATOR LINCOLN said she had similar concerns about the
resolution from the City of Fairbanks. Since the bill would be
heard in this committee again, she said she would submit a list
of questions to the sponsor's office. She hoped some of the
concerns could be incorporated in an amendment.
SENATOR STEVENS asked for assurance there was no intent to
reduce or consolidate inspectors in the plan.
SENATOR THERRIAULT said the intent was to move the authority to
oversee and adopt a particular set of codes from one department
to another.
He advised occupational licensing has expressed concerns and
would like to be included in further discussions.
CHAIR WAGONER announced the bill would be held in committee and
the public could get a copy of the CS by contacting his office.
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