Legislature(2017 - 2018)SENATE FINANCE 532
04/17/2018 09:00 AM Senate FINANCE
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Audio | Topic |
---|---|
Start | |
HB38 | |
HB400 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | HB 38 | TELECONFERENCED | |
+ | HB 400 | TELECONFERENCED | |
+ | TELECONFERENCED |
HOUSE BILL NO. 400 "An Act relating to the collection of fees by the Department of Public Safety for fire and explosion prevention and safety services." 10:37:18 AM Co-Chair MacKinnon informed that the committee was hearing the bill for the first time. CATHY SCHLINGHEYDE, STAFF TO REPRESENTATIVE KREISS-TOMKINS, informed that the bill arose from a statutory recommendation of the House Finance Subcommittee on the Department of Public Safety, and was introduced as a House State Affairs Committee bill. The bill tried to address concerns in the Division of Fire Safety pertaining to building inspections. The goal of the division was to inspect all buildings every two years, however buildings off the road system were being inspected every 3 to 5 years due to insufficient travel funding. The bill would allow the division to collect fees for the spectrum of services it provided in order to help fund travel. Currently the division could collect fees for building plan checks, but not for building inspections or permitting for installation of fire suppression systems. Ms. Schlingheyde referenced Section 1 of the bill, which gave authority to collect the fees, and Section 2 set up the receipt authority to receive the funds. Co-Chair MacKinnon asked about the frequency of building inspections. Ms. Schlingheyde relayed that the goal of the division was to inspect buildings every two years. Co-Chair MacKinnon asked if there was a list of needed improvements created at the time of inspection. She considered that building inspections every two years could be burdensome. She asked how building owners were held accountable after buildings were inspected. DAVID TYLER, FIRE MARSHAL, DIVISION OF FIRE AND LIFE SAFETY, DEPARTMENT OF PUBLIC SAFETY, stated that there was accountability for building owners, but not to the degree desired by the division. He discussed the inspection process, which included a notice to correct and a timeline if any deficiencies were found. He stated that the only more severe actions available were a misdemeanor charge or closing the building down. He stated that it was difficult to get to remote areas for inspections, and second inspections were even more difficult. Mr. Tyler relayed that the division was trying to find more efficient ways to verify that follow-up work had been done without having to physically go to the building site. He stated that the division's goal was 1,500 inspections per year, and the division was responsible for approximately 3,000 buildings. He thought the division could complete inspections for 500 buildings in 2018 due to travel restrictions. In some cases, buildings had gone 6 to 8 years without being inspected, because of the remote location. 10:41:53 AM Co-Chair MacKinnon asked about the order to correct. Vice-Chair Bishop observed that the insurance industry should be concerned if inspections were not being completed in a timely manner. He discussed liability. Mr. Tyler wished there was more interest from the insurance industry. Co-Chair Hoffman asked why rural facilities were not inspected. He wondered if the division had a rotating schedule for inspections based on the area of the state. He discussed equity. He thought the disparity should have been addressed already. Mr. Tyler asserted that the disparity had been addressed and recounted that between 2001 and 2007, there had been over $50 million worth of loss in public schools. He referenced a fire in Hooper Bay, which was preventable and started from kids played under the school. He recalled 76 fires during the time period. In 2008, the division had received an increment to help with travel and had full staffing. Over the following five years, there had been $1.4 million worth of loss. Subsequently there were vacancies and staffing issues, as well as travel cuts. He stated that there was currently up to over $2 million per year in fire loss. He wanted additional funding. He recalled that the division had accomplished 1,300 to 1,400 inspections per year in its most successful period; and numbers indicated the work was successful preventing fires. 10:45:42 AM Senator Olson commented on the serious nature of fire in rural Alaska, where there was not sufficient fire-fighting capacity. He referenced financial losses, and a large fire in Hooper Bay. He discussed a fire in Nome at the Polaris Hotel, in which there was loss of life. He wondered how the event could have been prevented. Mr. Tyler stated that the division could have done more follow up inspection. The division had known that the fire alarm in the hotel was not functioning. The division had issued an immediate order to correct and had been assured that the matter had been corrected by the building owners. The matter had not been corrected, but he was not able to go into further detail. The division was taking legal action on the matter and the case was currently in the office of special prosecution. Senator Olson commented that the issue brought up by Mr. Tyler was very concerning. He referenced an amendment he had offered to the operating budget, related to fire prevention. The amendment had been defeated. He thought the legislature was obligated to look at the possibility of increasing the amount of funding for inspections to curtail the loss of life and public facilities that would end up being paid for by the state. 10:47:56 AM Co-Chair MacKinnon OPENED public testimony. Co-Chair MacKinnon CLOSED public testimony. Vice-Chair Bishop asked if there were any independent third parties that completed the same inspections as the division, that would be acceptable to the division. Mr. Tyler informed that there were companies that did inspection work and maintenance on fire alarm systems and fire suppression systems. The division permitted and licensed the contractors and checked the work of the contractors. Co-Chair Hoffman referenced the Nome fire, and asked if it would have been possible to use the fire chief in Nome to ascertain whether the correction order had been followed and completed. Mr. Tyler stated that the division was working on a process to work with the local fire authorities. The new system would allow the division to use an outside company to work with vendors to do fire inspections. The system would provide for immediate information on compliance, with no charge to the state or local communities. 10:50:29 AM Senator Micciche asked if Mr. Tyler could provide information on the role of local fire personnel, insurance inspectors, fire marshals, and gaps he envisioned in the system. He thought it would be helpful to have a longer discussion. Mr. Tyler stated that there was a deferral program for when communities could complete inspections and fire investigations. He listed communities (including Ketchikan, Juneau, Anchorage, Fairbanks) that were participating. He believed local government could do the work better than the state could, and the state could do the work better than the federal government. There was an annual fire building officials' forum to discuss common issues, which was also used for co-development process. He thought travel restrictions were a big hole in the process. Co-Chair MacKinnon stated the committee would not cover the fiscal note due to lack of time. Senator Stevens was distressed to learn of the losses in public schools in 2001. He considered that raising fees would only cost the state money. He asked if there was prioritization of public schools over other structures. Mr. Tyler stated that the division prioritized schools, and other higher-risk occupancies (such as daycares, churches, and community centers) when doing inspections. Co-Chair MacKinnon asked if the fire marshal provided notice before arriving to inspect a building. Mr. Tyler stated that there was a pre-inspection form sent ahead of time for building owners to consider. The goal of the division was compliance rather than enforcement. Co-Chair MacKinnon expressed a concern that the department was left to itself to set the fees proposed in the bill. She asked the department to provide a fiscal note that correctly reflected the revenue. HB 400 was HEARD and HELD in committee for further consideration. Co-Chair MacKinnon set the bill aside. Co-Chair MacKinnon discussed the agenda for the afternoon.