02/17/1997 03:32 PM House L&C

 HB 117 - ELEVATOR/BOILER/PRESSURE VESSEL STDS                               
                                                                               
 Number 038                                                                    
                                                                               
 CHAIRMAN ROKEBERG announced the committee would hear HB 117, "An              
 Act relating to boiler and pressure vessel inspection standards;              
 relating to elevator safety and inspection standards; and providing           
 for an effective date."                                                       
                                                                               
 Number 038                                                                    
                                                                               
 AL DWYER, Director, Division of Labor Standards and Safety,                   
 Department of Labor, came before the committee to explain HB 117.             
 He informed the committee members the bill will simplify the                  
 process of adopting new additions of the boiler and elevator code.            
 He explained new additions of these codes are issued every three              
 years requiring legislative action to update the enforcement codes            
 for the state.  There has never been any opposition to the new                
 codes and they have been adopted by the legislature in the past.              
 Mr. Dwyer said by transferring adoption authority to the Department           
 of Labor, the process of updating codes will be streamlined and the           
 matter will not have to take up legislative time and attention.  He           
 noted there would not be a fiscal impact.                                     
                                                                               
 MR. DWYER explained he has one proposed amendment.  He said, "We've           
 been asked that we keep in `shipboard elevators' in the code.  We             
 assumed that the Coast Guard was inspecting elevators on the ferry            
 system where there are state employees, but it turns out they                 
 haven't been.  So we were asked to leave that in the code.  In past           
 additions we've taken it out."                                                
                                                                               
 Number 138                                                                    
                                                                               
 REPRESENTATIVE BILL HUDSON said he believes this is an excellent              
 approach.  He asked if the code has been coming forward with                  
 changes that incur additional costs to the general public.                    
                                                                               
 MR. DWYER responded to his knowledge, the answer is no.  He noted             
 it is new technology.                                                         
                                                                               
 CHAIRMAN ROKEBERG said the bill allows the department to adopt the            
 three codes by regulation.  In the regulation process, you have to            
 have public hearings and go through the Administrative Procedures             
 Act.  He asked if it is possible that there could be a deviation              
 characterized as a local amendment and could be adopted as a result           
 of public input during the course of the regulatory process.                  
                                                                               
 MR. DWYER explained that generally, they adopt the codes and allow            
 local communities to amend them as long as they are not less                  
 stringent than the department's regulations.                                  
                                                                               
 CHAIRMAN ROKEBERG said, "We allow local jurisdictions to make them            
 more strict, but not less strict under the present evaluation.                
 However, if there were a provision that would be less strict than             
 the national code, could that be adopted through the regulatory               
 process?"                                                                     
                                                                               
 MR. DWYER said that could happen.                                             
                                                                               
 Number 296                                                                    
                                                                               
 CHAIRMAN ROKEBERG said he would entertain a motion on Amendment 1.            
                                                                               
 REPRESENTATIVE JERRY SANDERS moved to adopt Amendment 1.                      
                                                                               
 CHAIRMAN ROKEBERG asked if there was an objection.  Hearing none,             
 Amendment 1 was adopted.                                                      
                                                                               
 Number 310                                                                    
                                                                               
 REPRESENTATIVE GENE KUBINA made a motion to move HB 117, as                   
 amended, out of committee with individual recommendations and a               
 zero fiscal note.                                                             
                                                                               
 CHAIRMAN ROKEBERG asked if there was an objection.  Hearing none,             
 CSHB 117(L&C) was moved out of the House Labor and Commerce                   
 Committee.