03/09/1999 09:02 AM Senate FIN

                                                                                                                                
SENATE BILL NO. 50                                                                                                              
"An Act relating to certain boiler and pressure vessel                                                                          
inspections and inspectors; and providing for an                                                                                
effective date."                                                                                                                
                                                                                                                                
                                                                                                                                
DWIGHT PERKINS, Deputy Commissioner, Department of Labor                                                                        
testified in support of the bill, which the department                                                                          
requested.  He told the committee that the department was                                                                       
backlogged in its inspection of boilers and pressure                                                                            
vessels. Of the 6000 vessels that were overdue, over one-                                                                       
half were cast iron boilers and domestic hot water heaters.                                                                     
This legislation would allow the commissioner to identify                                                                       
certain state employees as approved inspectors for the                                                                          
purpose of performing routine annual inspections on this                                                                        
type of vessel. He pointed out that the state plumbing                                                                          
inspectors were journeyman plumbers trained to install and                                                                      
service this type of equipment and could, with minimum                                                                          
amount of training from a board certified boiler inspector,                                                                     
be able to perform annual inspections of this type. It                                                                          
would better help the department utilize existing employees                                                                     
within the department and help bring down the backlog of                                                                        
inspections.  He noted a positive fiscal note accompanied                                                                       
the bill.                                                                                                                       
                                                                                                                                
Senator Lyda Green asked what was the current status of the                                                                     
inspectors and if they were on contract or employees of the                                                                     
state.  She wanted to know if they were certified                                                                               
inspectors.  Dwight Perkins said they currently had                                                                             
certified boiler inspectors that did a wide range of                                                                            
inspections. This bill would allow plumbing inspectors,                                                                         
with minimal amount of training to do the inspections for                                                                       
low-pressure boilers.  The department did not plan on                                                                           
hiring additional staff to perform these inspections.                                                                           
                                                                                                                                
Senator Lyda Green asked if there was any reason to go                                                                          
outside of the department to contract others to do the                                                                          
inspections.  She referred to rural areas.  Dwight Perkins                                                                      
responded that the intent was not to hire new employees but                                                                     
to better use the staff already.                                                                                                
                                                                                                                                
Senator Lyda Green asked if there was reason to contract                                                                        
the inspections outside the Department of Labor. She                                                                            
suggested staff from Department of Transportation and                                                                           
Public Utilities or an individual in a remote area that                                                                         
could do the inspections could be hired on a contract                                                                           
basis. Dwight Perkins replied that the intent was not to                                                                        
hire new people. The department had staff available for                                                                         
this. Senator Lyda Green asked what was the examination                                                                         
taken to qualify for certification. Dwight Perkins answered                                                                     
that examination was for the full-fledged boiler inspection                                                                     
certification and was intense and encompassing.                                                                                 
                                                                                                                                
Senator Gary Wilken asked if this would expand the duties                                                                       
of the inspectors.  He wondered what were the current                                                                           
duties and if they inspected home hot water heaters. Dwight                                                                     
Perkins responded that hot water heaters were inspected.                                                                        
Senator Gary Wilken asked if this legislation would expand                                                                      
the duties the department currently performed. Dwight                                                                           
Perkins said this would help reduce the backlog of existing                                                                     
services provided.                                                                                                              
                                                                                                                                
Tape: SFC - 99 #49, Side B 9:49 AM                                                                                              
                                                                                                                                
AL DWYER, Director, Division of Labor Standards and Safety,                                                                     
Department of Labor, explained that inspections were done                                                                       
for new construction and larger, commercial facilities,                                                                         
such as for an apartment building.  This would not expand                                                                       
the duties, but would allow the department to utilize their                                                                     
plumbers for the inspections.  Inspections of domestic hot                                                                      
water heaters were currently in the department's code, he                                                                       
stated.                                                                                                                         
                                                                                                                                
Senator Sean Parnell understood Senator Lyda Green's                                                                            
concerns and read language from page one of the bill                                                                            
regarding the special inspector: "The Commissioner of the                                                                       
Department of Labor may appoint an employee of the                                                                              
Department of Labor as an approved inspector." He then                                                                          
referred to language from page two that dictated                                                                                
certification as a special inspector, a person must have                                                                        
passed an examination, or hold a certificate. He wanted to                                                                      
know if the special inspector was different than the                                                                            
approved inspector of the first section. Al Dwyer responded                                                                     
that there was a difference.  He explained that half of the                                                                     
boilers and pressure vessels were inspected by insurance                                                                        
company inspectors and were commissioned by the                                                                                 
Commissioner.  It only used large companies, such as oil                                                                        
companies that had experts who had passed the national                                                                          
board test. To do the remaining half of the inspections,                                                                        
the department had a difficult time retaining qualified                                                                         
boiler inspectors who would go into the private sector                                                                          
positions. The department hoped that by using the plumbing                                                                      
inspectors, the backlog could be reduced. Senator Sean                                                                          
Parnell wanted to know if these inspectors were trained                                                                         
workers that could only be found in the department.  Al                                                                         
Dwyer explained the inspectors were highly trained and must                                                                     
work with the commissioner, who was ultimately responsible                                                                      
for the inspections.  Conflict of interest concerns were                                                                        
also a consideration with plumbers inspecting the same                                                                          
system they installed.                                                                                                          
                                                                                                                                
There was discussion on the requirements of inspectors of                                                                       
the smaller cast iron boilers and the training and testing                                                                      
required.                                                                                                                       
                                                                                                                                
Senator Gary Wilken made a motion to move SB 50 from                                                                            
committee with individual recommendations and the negative                                                                      
fiscal note.  Without objection, Co-Chair John Torgerson so                                                                     
ordered.