Legislature(2003 - 2004)
03/17/2003 01:37 PM Senate CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 38-ADOPTION OF SAFETY CODES
CHAIR THOMAS WAGONER asked for a motion to adopt the committee
substitute (CS).
SENATOR ROBIN TAYLOR made a motion to adopt Banister 3/17/03 \S
version CSSB 38 as the working document.
SENATOR GEORGIANNA LINCOLN asked if the sponsor would speak to
the CS.
CHAIR WAGONER confirmed the sponsor would speak to the CS and
that there was a question and answer draft in the packets as
well.
SENATOR GENE THERRIAULT explained the \S version CS addresses
several issues discussed at the previous hearing. For a
transition term, the delay period changed from three years to
two years. This delay would allow mechanical administrators time
to receive proper training when there is a switch from one code
to another. Language on page 3, line 29 clarifies that the delay
period applies only when there is a switch to a complete new
code. There would be no delay for normal code updates.
The larger issue of whether all the codes should be placed under
the oversight of one agency is not addressed. He came to no
conclusion himself and was aware that the Administration was
working with the agencies to come to a resolution.
He remarked the committee could either wait for a decision
regarding jurisdiction or they could move the CS out of
committee and allow the Labor and Commerce Committee to continue
work on the issue.
There were no questions asked of Senator Therriault.
SENATOR WAGONER announced there were several individuals waiting
to give testimony and advised all previous testimony was on
record.
MR. COLIN MAYNARD, Alaska Professional Design Council
representative, testified via teleconference. Although he hadn't
seen the second CS, he understands it is similar to the first so
the council would oppose adoption. They don't believe the
mechanical code belongs in the Department of Labor; rather it
belongs with the building and fire codes.
The name change from Uniform Code to International Code by the
International Conference of Building Officials (ICBO) has caused
much confusion, but they are the same people who have been
writing the mechanical code in Alaska for the last forty years
and the council sees no reason for a change. The question
regarding whether the Department of Public Safety has the legal
authority to adopt a mechanical code is curious because they
have been doing so for as long as he can remember. The council
agrees with the task force approach to address all the codes at
one time rather than in this piece meal process.
MR. STEVE SHOWS, a construction inspector, testified he is
certified by all uniform and international code writing
agencies. He made the following points:
· Both codes have a bias and they are slightly different, but
both are good codes
· He agreed with removing the discriminatory language that
would not allow the International Codes to be adopted in
Alaska.
· International Codes have a public safety, health and
welfare bias that is very evident
· National Fire Protection Association (NFPA) favors industry
and trade organizations
Because Alaska has a fragmented approach to construction
regulation, he advised looking to municipalities where codes are
seamless, integrated, work together and people communicate so
the building construction industry and the health and safety of
residents is at the forefront. Keep in mind; the purpose is fair
and impartial regulation and public safety.
For over 15 years, organizations convinced the Legislature to
keep the 1979 plumbing code as the State document regulating
that activity and trade. It cost the State 10s of millions of
dollars a year to administer the outdated code that financially
benefited those who sold and installed expensive materials.
There was no further testimony.
SENATOR LINCOLN asked what position Fairbanks held regarding SB
38.
MR. ZACH WARWICK, staff to Senator Therriault, advised the
building officials continue to oppose the legislation.
SENATOR LINCOLN asked for information regarding their main
opposition.
MR. WARWICK explained they opposed the time lag and because they
have gone through the process to update their codes to the
International Codes, SB 38 would require the municipality to do
additional work.
SENATOR LINCOLN asked how much time that additional work would
require.
MR. WARWICK said it depends on which code the Department of
Labor adopts. The links between the International Fire Code and
International Building Code would need to be updated to
synchronize with the Uniform Code if that code is adopted, but
no additional work would be required if the International Code
is adopted.
SENATOR LINCOLN asked if the two year delay wouldn't allow for
such updates.
MR. WARWICK explained there would be no delay when the
Department of Labor initially adopts a particular code. If there
were code switches in the future, there would be a delay.
SENATOR LINCOLN remarked NANA/Colt Engineering was also opposed
to bill because of the shift from one department to another. She
asked if the sponsor had spoken to the firm to address their
concerns.
MR. WARWICK reported he spoke with Mr. Moore several times. He
added there are opposing views on this issue and probably the
only agreement is that the codes could possibly be in one place.
SENATOR LINCOLN referred to the sponsor's statement that
jurisdiction hasn't been resolved. She asked the Chair's
intention.
CHAIR WAGONER replied he would like the Labor and Commerce
Committee to work on that aspect of the legislation. Since the
last hearing he has given some thought to putting the codes
together under the jurisdiction of the Division of Occupational
Licensing.
MR. WARWICK said it is his understanding that division doesn't
have the technical knowledge; they deal primarily with training
and licensing of the trades. They can authorize a class under a
code, but they don't deal with the exact codes. Administration
officials have advised him they are arranging for people from
the Fire Marshall's office, the Department of Labor and the
Governor's office to meet and discuss where the codes should
reside. It's difficult to find a third neutral department where
the codes could be placed.
SENATOR KIM ELTON asked for clarification that in addition to
the building officials the Fairbanks Mayor and City Council
continues to oppose the bill.
MR. WARWICK thought the Fairbanks officials that wrote letters
in opposition to the legislation were speaking on behalf of the
building officials.
SENATOR ELTON noted the committee didn't know what the
Administration's position was and there were still substantive
questions and issues associated with the legislation. The Alaska
Professional Design Council raised a number of questions and he
was uncomfortable moving the bill prior to receiving feedback
from the Administration and addressing those issues.
SENATOR TAYLOR agreed to the extent that the critical aspect of
the legislation is jurisdiction. The critical policy call for
the Legislature is to decide where the codes should be housed.
Continuity and one stop shopping that Mr. Shows spoke of are
critical to the building trades and design professionals. He too
expressed a desire to address the jurisdictional question prior
to moving the bill. The committee already spent considerable
time on the bill and moving it without addressing jurisdiction
would waste that time and effort.
CHAIR WAGONER announced he would hold SB 38 in committee until
they heard from the Governor's Office, the Department of Labor
and the Fire Marshall's Office.
SENATOR TAYLOR asked the Chair to call for objection or a vote
then declare whether the CS was adopted or not.
CHAIR WAGONER apologized and asked whether there was objection
to adopting Banister 3/17/03 \S version CSSB 38. There was no
objection and it was so ordered. The bill was held in committee.
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