05/07/2003 03:38 PM House L&C

HB 268 - LICENSING SPECIALTY CONTRACTORS                                                                                      
                                                                                                                                
Number 1261                                                                                                                     
                                                                                                                                
CHAIR ANDERSON  announced that the  next order of  business would                                                               
be  HOUSE BILL  NO. 268,  "An Act  relating to  an exemption  for                                                               
specialty  contractors  under  the  laws  regulating  architects,                                                               
engineers, land surveyors, and landscape architects."                                                                           
                                                                                                                                
Number 1274                                                                                                                     
                                                                                                                                
DONALD J. IVERSON, P.E., Member,  State Board of Registration for                                                               
Architects,  Engineers, and  Land Surveyors  ("the AELS  board"),                                                               
noted that  he is also  a consulting  engineer in Anchorage.   He                                                               
relayed that he  wished to speak in favor of  HB 268, adding that                                                               
the  AELS board  feels  that  the bill  will  offer clarity  with                                                               
regard to what specialty contractors can do.                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked for  an example of  something that                                                               
HB 268 would correct.                                                                                                           
                                                                                                                                
MR. IVERSON replied:                                                                                                            
                                                                                                                                
     From what  our enforcement  officer told us,  there are                                                                    
     some contractors  in rural  communities, more  than any                                                                    
     place else, that have been  doing complete mechanical -                                                                    
     for example  - designs.  And  the intent of this  is to                                                                    
     allow  the  specialty  things like  shop  drawings  for                                                                    
     pieces of equipment that  another engineer has reviewed                                                                    
     [or] will  review ... Or  in the case of  an electrical                                                                    
     contractor, [with] let's say  a fire alarm system, they                                                                    
     would draw  the specifics  of it,  but the  engineer of                                                                    
     record will check  and approve that design.   It's more                                                                    
     of a clarification; I think  the intent has always been                                                                    
     that  the complete  [designs] of  mechanical/electrical                                                                    
     systems,   for  example,   are  done   by  professional                                                                    
     engineers.                                                                                                                 
                                                                                                                                
REPRESENTATIVE   ROKEBERG  asked   whether  such   isn't  already                                                               
required under state law.                                                                                                       
                                                                                                                                
MR. IVERSON indicated that it is.                                                                                               
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked whether contractors that  do their                                                               
own shop drawings can use "off-the-shelf components."                                                                           
                                                                                                                                
Number 1414                                                                                                                     
                                                                                                                                
MR. IVERSON said that they may,  and then those shop drawings are                                                               
normally sent  through to the  engineer of record for  review and                                                               
approval.  He  added, however, that engineers  don't normally get                                                               
that  far  into  the  specifics  of  an  off-the-shelf  piece  of                                                               
equipment, and "that's why you have  this kind of exception."  He                                                               
explained:                                                                                                                      
                                                                                                                                
     If you  take a  fire alarm  system, for  example, every                                                                    
     manufacturer does  it slightly  differently.  And  if I                                                                    
     ...,  as  an engineer,  were  trying  to design  it,  I                                                                    
     couldn't  design the  specifics of  that manufacturer's                                                                    
     equipment because  I need  a competitive  bid -  I need                                                                    
     different manufacturers to bid on  it.  So, when he has                                                                    
     won the  bid, if  you will, then  he sends  through the                                                                    
     specifics of his  equipment - shop drawings  - and then                                                                    
     I would  review that and  make sure that it  is meeting                                                                    
     the  life safety  codes and  the  understanding of  the                                                                    
     specification.                                                                                                             
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked how much an  electrical contractor                                                               
could do with a shop  drawing without having an engineering stamp                                                               
on it.  Where is the line drawn?                                                                                                
                                                                                                                                
MR. IVERSON remarked  that that is difficult to  say, adding that                                                               
the ramifications to  the whole building must  be considered when                                                               
whole-scale changes are made, and  that such changes must be made                                                               
by an  engineer.  In response  to a question, he  remarked that a                                                               
"UL-approved switch" is required by other statutes.                                                                             
                                                                                                                                
Number 1628                                                                                                                     
                                                                                                                                
PATRICK H.  KALEN, PLS, Member,  State Board of  Registration for                                                               
Architects,  Engineers, and  Land Surveyors  ("the AELS  board"),                                                               
added  that  the  AELS  board  did not  think  that  HB  268,  as                                                               
currently  worded,  interfered  with a  contractor's  ability  to                                                               
submit shop drawings.                                                                                                           
                                                                                                                                
Number 1638                                                                                                                     
                                                                                                                                
HEATH  HILYARD, Staff  to  Representative  Lesil McGuire,  Alaska                                                               
State  Legislature,   indicated,  on  behalf   of  Representative                                                               
McGuire,  sponsor, that  HB 268  would to  some extent  limit the                                                               
ability of  specialty contractors to  do original design  work of                                                               
"that" nature.   He mentioned that the  Mechanical Contractors of                                                               
Alaska, Inc., would be meeting  that evening to decide whether to                                                               
take an official position on HB  268.  He surmised that if anyone                                                               
has any concerns  about the bill, they could be  addressed in the                                                               
House Rules Standing Committee.                                                                                                 
                                                                                                                                
Number 1700                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG, after noting  that he didn't really like                                                               
the bill  and had concerns about  it, moved to report  HB 268 out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying zero fiscal note.   There being no objection, HB 268                                                               
was  reported   from  the  House  Labor   and  Commerce  Standing                                                               
Committee.