Legislature(2007 - 2008)CAPITOL 17
04/07/2008 03:00 PM House LABOR & COMMERCE
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| Start | |
| Confirmation Hearings|| Alaska State Board of Public Accountancy|| Alcoholic Beverage Control Board|| State Board of Registration for Architects, Engineers, and Land Surveyors || Board of Barbers and Hairdressers|| Board of Chiropractic Examiners|| Board of Marine Pilots|| Board of Marital and Family Therapy|| Occupational Safety and Health Review Board|| State Physical Therapy and Occupational Therapy Board|| Board of Professional Counselors|| Board of Psychologist and Psychological Associate Examiners|| Real Estate Commission|| Regulatory Commission of Alaska (rca)|| Board of Veterinary Examiners|| Workers' Compensation Appeals Commission|| Alaska Workers' Compensation Board | |
| SB305 | |
| SB263 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 263 | TELECONFERENCED | |
| + | SB 305 | TELECONFERENCED | |
SB 263-ARCHITECTS, ENGRS, SURVEYORS BD/EXEMPTION 3:19:32 PM CHAIR OLSON announced that the final order of business would be CS FOR SENATE BILL NO. 263(L&C), "An Act relating to the State Board of Registration for Architects, Engineers, and Land Surveyors; and relating to an exemption for persons authorized by the Department of Public Safety who are engaged in the design of fire detection and suppression systems from registration as architects, engineers, land surveyors, or landscape architects." SENATOR JOE THOMAS, Alaska State Legislature, sponsor, stated that the Board of Registration for Architects, Engineers, and Land Surveyors (AELS) consists of ten professional members [and one public member.] One seat is designated to be held by a mining engineer. However, since 22 mining engineers are licensed in Alaska and only 14 reside in the state, SB 263 would allow the governor to appoint a petroleum or mining engineer to fill the seat currently designated for the mining engineer. Senator Thomas referred to page 4, and explained this section would add underlying language to exempt persons from licensure that are authorized by the Department of Public Safety, Fire Marshal's office to design fire suppression systems. This exemption would apply to persons certified by the National Institute for Certification in Engineering Technologies (NICET), who are required to pass a national certification exam, and have 5 years related work experience. The State Fire Marshal's office has long maintained the permit system for those engaged in the design of fire detection and suppression systems. This bill is supported by the Alaska Professional Design Council (APDC), the AELS Board, and the DPS Division of Fire and Life Safety, he noted. 3:22:17 PM SENATOR THOMAS, in response to Representative Neuman, explained that one AELS seat is designated for a mining engineer. He reiterated that 22 mining engineers of the 5,000 AELS registrants are licensed by the state. Of those, only 14 mining engineers reside in Alaska. He noted that most mining engineers reside in remote areas where mining occurs, which makes it difficult for them to serve on the AELS Board. He offered that expanding the option to allow petroleum or chemical engineers to serve helps to ensure that the AELS board position can be filled. REPRESENTATIVE NEUMAN related his understanding that the DPS Fire Marshal authorizes people to design fire detection and suppression systems. He asked whether the permit holder currently has to be licensed by the AELS board. SENATOR THOMAS explained that the person designing the fire detection and suppression systems has to submit to an examination and must also possess five years of experience. Under the bill, the applicant would submit to the NICET examinations for the specific area in which they will work. In further response to Representative Neuman, Senator Thomas explained that the DPS Fire Marshal oversees the permitting process for those that hold NICET certifications. 3:24:22 PM REPRESENTATIVE GARDNER referred to the committee packet item labeled, "Department of Public Safety Regulations" and noted that a company designing fire suppression systems must employ sufficient personnel who hold valid permits in the classifications. She inquired as to whether that meant the employee who holds the permit must also be employed by a licensed engineer. KELLY NICOLELLO, Assistant Fire Marshal, Division of Fire and Life Safety, Central Office, Department of Public Safety (DPS), stated that the permit is attached to the individual and not the firm. Thus, a company would need to employ a permit holder in order to do the design of a particular system. In further response to Representative Gardner, Mr. Nicolello answered that while a NICET certified permit holder could work for an engineering firm, they are not required to do so. In fact, some permit holders may own and operate their own companies, he noted. 3:26:42 PM CRAIG FREDEEN, P.E., Mechanical Engineer; Vice-Chair, Board of Registration for Architects, Engineers, and Land Surveyors (AELS), Department of Commerce, Community, & Economic Development (DCCED), stated that Senator Thomas provided an excellent overview on SB 263. He stated that the AELS Board is very comfortable with SB 263, and has worked hard over the last year and a half on the issues of fire contractors providing services in Alaska. He pointed out that with respect to the mining engineer position, that the AELS board has previously had a vacancy and not been able to fill the position with a mining engineer. He opined that SB 263 would allow the governor to have more flexibility to fill the AELS Board position. Mr. Fredeen noted that the AELS board sought statutory changes for the fire permit holders since the AELS statutes require that those who perform design work must be professional engineers. The DPS Fire Marshal authorizes the fire protection contractors to perform design work by permit, and has done so for many years. He further stated that this statutory change helps ensure that future AELS board members will have clear guidance that the fire protection contractors can perform the design work so long as they are permitted by the DPS Fire Marshal's office. 3:28:21 PM REPRESENTATIVE GATTO referred to the title, which read: "An Act relating to the State Board of Registration for Architects, Engineers, and Land Surveyors; and relating to an exemption for persons authorized..." He also related his understanding that the bill allows 14 exemptions from the licensure for architects, engineers, and land surveyors and asked for clarification. MR. FREDEEN answered that the AELS statutes require that anyone who designs a road or building needs to be a licensed architect, engineer, or land surveyor. However, the exemptions allow for specific circumstances when a licensed design professional is not required, such as when a person installs their own electrical system. In that instance, the person does not need to have an electrical engineer to stamp the drawings. Historically, the exemption for fire protection design has been allowed under the current exemption for specialty contractors. However, that exemption is broad and some abuse has arisen such as when a plumber who holds a specialty contractor license decides that he/she does not need to be licensed as an engineer in order to perform any design work necessary on a project. Since the specialty contractor's exemption is broad, the AELS board would specifically like to identify that fire protection contractors are exempted from licensure. Therefore, the people who perform the design work, who are highly qualified to do so under the NICET certification and DPS Fire Marshal's office permit, would be exempted from licensure by SB 263. 3:30:45 PM REPRESENTATIVE GATTO related his understanding that a commercial building must still be designed by a registered architect or engineer. The fire contractors would be subcontractors, he offered. He asked for clarification whether the people designing fire suppression systems will need to be registered. MR. FREDEEN reiterated that the people designing the fire suppression systems do not have to be licensed professional engineers, but they must hold the NICET certification and permit that authorize them to perform design work. 3:32:12 PM JOHN WALSH, Lobbyist, Alaska Professional Design Council (APDC), testified in support of SB 263 on behalf of the APDC. He agreed with prior testimony that SB 263 would exempt specialty design contractors, as approved by the DPS Fire Marshal, from the engineering licensure requirement. He further explained that under the bill, people performing the work under the DPS regulatory jurisdiction are specifically exempted from the AELS statutory requirement for licensure. He referred to proposed AS 08.48.011(c) which relates to the mining engineer board position and allows the governor to appoint a chemical or petroleum engineer if a qualified mining engineer is not available. He offered that the APDC, which is a consortium of design professional societies representing over 5,000 licensees is in support of SB 263. 3:34:01 PM CHAIR OLSON, after first determining no one else wished to testify, closed public testimony on SB 263. 3:34:17 PM REPRESENTATIVE NEUMAN related his understanding that the mining engineering position was vacant and not able to be filled since so few mining engineers live in Alaska. He offered his belief that the governor should have the latitude to select from other qualified engineers to fill the AELS board position. He expressed concern that a 14-story building might sustain structural damage caused by fire, but he pointed out that the AELS Board and the DPS Fire Marshal support SB 263, so he felt that appropriate oversight is in place. He said he thought that SB 263 simplifies the process and allows fire contractors already permitted by DPS to continue to perform their work. 3:35:43 PM REPRESENTATIVE NEUMAN moved to report CSSB 263(L&C) out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSB 263(L&C) was reported out of the House Labor and Commerce Standing Committee.
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