Legislature(1995 - 1996)

04/20/1995 02:10 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
        HB  46 ARCHITECT, ENGINEER & SURVEYOR REGULATION                      
                                                                              
 SENATOR KELLY announced HB 46 to be up for consideration.                     
                                                                               
 REPRESENTATIVE JOE GREEN, sponsor, explained that HB 46 is a "fix             
 bill."  It straightens out when a registrant will issue drawings or           
 reports, etc. that will be sealed.  Section 2 was an attempt to               
 tighten up who can actually be called an engineer, because some               
 people were calling themselves engineers without being registered             
 engineers.  Section 3 is the addition of engineering types of                 
 people under the exemption category that compromises 8.48.331 of              
 the code.  It attempts to exempt engineers who do not perform                 
 engineering functions for the public.  In other words, they are               
 doing it for their employer and it is to be used only in that                 
 connection.                                                                   
                                                                               
 CATHERINE REARDON, Director, Division of Occupational Licensing,              
 first discussed section 3, where the exemption for employees who              
 are doing engineering work for their companies is added into the              
 law.  The reason people support this is because they believe the              
 statutory definition of the practice of engineering is broad and              
 ambiguous.  There is a certain degree of mistrust of the                      
 architects, engineers, and land surveyors Board and believe they              
 use this broad language to require engineers where they aren't                
 really necessary.  She felt that if the Board was extending the               
 definition of engineering excessively, that could be corrected by             
 creating a more balanced board.                                               
                                                                               
 Another argument you can hear is that industry has technicians who            
 do not have formal engineering education, but have on-the-job                 
 experience who are as good or better than registered engineers.               
                                                                               
 Their position is that while unlicensed employees can certainly               
 safely perform some design work, there are some types of work that            
 require the educational background of a registered engineer.  She             
 pointed out that HB 46 does not just exempt utilities or the oil              
 industry or some of the larger businesses in the state from the use           
 of engineers, it exempts everyone and it doesn't require that well            
 trained technicians do the work in the place of engineers.  It says           
 that any employee can which raises the possibility that a day                 
 laborer, for example, could be designing and constructing a public            
 building.                                                                     
                                                                               
 Finally, MS. REARDON said, one of the arguments they would hear is            
 that the occupational licensing statutes should not determine when            
 a registered engineer is required, because that's the proper role             
 of other regulatory agencies, like DEC or the fire marshall.  She             
 argued that the whole purpose of occupational licensing statutes is           
 to determine who is adequately prepared to safely perform certain             
 service and who should be prevented from doing that work, because             
 there is potential public danger.  That is what a medical statute             
 does, also.                                                                   
                                                                               
 The CS to HB 46 does not completely satisfy the division's                    
 responsibility to protect public health and safety, MS. REARDON               
 said.  Although on page 3, buildings and structures that are                  
 primarily used for public occupancy are excluded from the                     
 exemption.  Buildings and structures that are used by employees are           
 still exempted.  They still have some concern with fish processing            
 plants and office buildings that are used specifically by one                 
 company and making sure they are all structurally sound.                      
                                                                               
 The second concern would be electrical systems.  It is not just               
 utilities who design and construct electrical systems.                        
                                                                               
 Finally, MS. REARDON said, there is discussion that the uniform               
 building code, through the fire marshall, is providing protection             
 for structural soundness.  However, the fire marshall only reviews            
 plans to see if they satisfy the fire standards.  No one looks at             
 the plans to see if the structural requirements of the uniform                
 building code are being met and there is no one to investigate a              
 complaint that a building does not meet a building code.                      
                                                                               
 She, therefore, supported an amendment which would narrow the                 
 exemption.  She suggested to do this would be to exempt electrical            
 systems over 35 kilovolts and exempt all buildings rather than                
 those just used for public occupancy.  Another alternative would be           
 to simply delete the word "public occupancy" from line 29 on page             
 3 and replace it with "human occupancy."                                      
                                                                               
 SENATOR KELLY asked her if her department had the same position on            
 the House bill.  MS. REARDON replied that when it went through the            
 House, their position was that they would listen to public                    
 testimony and hope there would be a compromise developed that would           
 protect both public safety and address industry interests.                    
                                                                               
 Number 576                                                                    
                                                                               
 VERNON AKIN, Registered Mechanical Engineer, said the word engineer           
 is used very loosely these days.  The reason "registered" was                 
 dropped from in front of "engineer" was so that #10 would be legal.           
 He supported keeping the word "registered," because that is being             
 specific.                                                                     
                                                                               
 TAPE 95-18, SIDE B                                                            
                                                                               
 MR. AKIN said that registration of an architect, engineer, or land            
 surveyor shows that an individual has passed the requirements of              
 the state and has the proficiency required to practice the                    
 profession.  Doctors, dentists, lawyers, chiropractors, and                   
 barbers, etc. must all be registered.  Boards were established to             
 give the public some measure of confidence that a member that is              
 registered in that field has competence.  It also puts the                    
 responsibility on the members that they either perform as required            
 or lose their license.                                                        
                                                                               
 Item 10 was added so that an employee of large company could do               
 engineering work even though he had no proof required by the state            
 to indicate he was qualified to design.  This allows a company to             
 produce a design by a non-registered individual and the company               
 guarantees the work.  He pointed out that there is little solace in           
 that for any injured or dead persons who suffer because of poor               
 design.                                                                       
                                                                               
 Yet it says that 10 does not apply to buildings or structures whose           
 primary use is public occupancy.  He asked what kind of building              
 wouldn't be used for public occupancy or could be used for it in              
 the future.  He asked why would we want to lower our standards to             
 allow more chance of incompetent designs.                                     
                                                                               
 MR. AKIN opposed HB 46.                                                       
                                                                               
 Number 570                                                                    
                                                                               
 SENATOR LEMAN said he is a registered professional engineer,                  
 although his work would not be in the possible exemptions.  He said           
 it is his opinion that some relief is necessary to accommodate                
 utility companies and industry who do a lot of this work, because             
 of how the 1990 change has been enforced.  To make a change as                
 broad as this restores almost exactly the wording that was in there           
 in 1990 and is the wrong approach.                                            
                                                                               
 He proposed putting in a new "e" that would provide some size limit           
 to what a commercial building could be.  In item 10 he proposed on            
 line 3 inserting "unless the health, safety, or well-fare of the              
 public, including employees and visitors is involved."  He also               
 suggested added "employees and visitors" in other appropriate                 
 places and adding "high voltage electrical systems."  Third, he               
 suggested inserting "other requirements of state law, local                   
 ordinances, building officials, property owners, or adopted                   
 construction and safety codes."                                               
                                                                               
 He noted that there are requirements other places in state law for            
 engineering seals on designs and engineering reports.  It needs to            
 be clear that these are not exempted and this is not what is being            
 sought.                                                                       
                                                                               
 He also said there may be future possibilities for exemptions that            
 come up and he thought those should be addressed when they come up            
 and suggested item 11 "other exemptions granted by the ALS Board by           
 regulation when the health, safety, or welfare of the public are              
 not substantially involved."                                                  
                                                                               
 Number 511                                                                    
                                                                               
 SENATOR SALO asked if the bill needed language to assure that other           
 requirements in law for a P.E. certification, as well as municipal            
 ordinances requiring P.E. certification.  SENATOR LEMAN said he               
 would like that comfort, although the drafting attorney might not             
 think it necessary.                                                           
                                                                               
 GRAHAM ROLSTAD, Vice President, Engineering Construction, Matanuska           
 Telephone said he represented the Alaska Telephone Association.  He           
 said he supported the bill as written and felt that section 3, item           
 10 is very critical to the telephone utilities in providing cost              
 effective services to their customers.                                        
                                                                               
 MR. ROLSTAD said prior to 1990 there was an exemption that was                
 removed without public hearing.  He said there wasn't a problem up            
 until that time, and he didn't see the need for over-regulation.              
 He said there are specialists in telephone work and national                  
 standards they live by which allow them to put in telecommunication           
 facilities that protect the public.  The bottom line is that the              
 people are well trained and the companies are responsible for their           
 work and they take that responsibility seriously.                             
                                                                               
 Number 450                                                                    
                                                                               
 NANCY SCHOEPHOESTER, ARCO, Alaska, supported CSHB 46.  She noted              
 that section 3, reinstating the in-house exemption for engineers              
 which existed in Alaska prior to 1990 currently exists in 37 other            
 states.  They feel there is a licensing board whose duty it is to             
 determine what the qualifications are to become a licensed                    
 engineer.  They feel it is within the purview of the regulating               
 local state and federal agencies to determine and regulate the                
 activity.                                                                     
                                                                               
 She said that Ken Thompson, President of ARCO has established as              
 one of his priorities within ARCO that there will be a safe, low-             
 cost, and long-term company.                                                  
                                                                               
 LEE HOLMES said he is a licensed mechanical engineer in Alaska.  He           
 supported the first two parts of the bill and the intent of the               
 third part of the bill.  The exception he has is with the wording.            
 He didn't have a problem with MTA, for instance, in designing                 
 telephone systems, but he didn't see where that would qualify them            
 to design a new office building for MTA.  The wording of the                  
 exception would allow them to do that.                                        
                                                                               
 Number 426                                                                    
                                                                               
 DICK ARMSTRONG, Chairman, ALS Board, opposed HB 46, because they              
 feel the exemption proposed in section 3 is too broad and does not            
 protect the public from unsafe buildings or facilities.  With the             
 amount of remote construction that occurs in Alaska and the                   
 relatively few building code officials, passage of this exemption             
 will lose a key component of safety in resulting facility                     
 construction.                                                                 
                                                                               
 Future purchasers of facilities that are not designed by licensed             
 professionals are going to be purchasing potentially non-code                 
 conforming properties that are a very real threat to public safety.           
                                                                               
 PATRICK DOOLEY said he supported HB 46 without change.  He said all           
 it does is restore the exemption for in-house engineering work                
 which would save the state many millions of dollars.  Their                   
 experience with those people is that their work is professional and           
 in compliance.                                                                
                                                                               
 JANET REESER, Engineering Services Manager, said they are well                
 regulated and very responsible and supported HB 46 as written.                
                                                                               
 Number 362                                                                    
                                                                               
 KIMBERLY CHANCY, registered engineer, said that registration alone            
 does not insure individual competency to work in specific                     
 industrial applications.  She has found that the industry is pretty           
 comfortable in knowing where their reputations lie.                           
                                                                               
 STEVE ALTECH, Manufacturing Manager, supported HB 46 without                  
 change.                                                                       
                                                                               
 ROB WHITE, Raytheon ARCO Alliance Contract, supported HB 46 in its            
 unamended form.  This bill is in the best interests of Alaskans               
 providing quality control.  He specifically mentioned he supported            
 section 3.                                                                    
                                                                               
 Number 294                                                                    
                                                                               
 JOHN BURDICK, registered engineer in Alaska, said he thought                  
 section 10 was too broad as written.  In addition the increased               
 cost is a red herring.  He said a lot of his students work for ARCO           
 and it wouldn't be hard for them to become registered and it would            
 be a hurdle that would protect the public.                                    
                                                                               
 JIM ROWE, Executive Director, Alaska Telephone Association,                   
 supported HB 46 in its current version.  He emphasized that this is           
 a compromise piece of legislation.  He appreciated the legislature            
 making review of this issue a very public process as it didn't                
 happen in 1990 when essentially the same wording in section 3 was             
 taken out.  In the interests of his customers who will bear the               
 burden of the increased cost of having registered engineers do                
 every piece of infrastructure development he pleaded that they do             
 not increase their telecommunications costs.                                  
                                                                               
 KEN BROCK, Engineer with ARCO Alaska, supported HB 46 and in                  
 particular the reinstatement of licenses and exemptions for in-               
 house engineers.                                                              
                                                                               
 COLIN MAYNARD said the registration law is to protect public safety           
 by requiring minimum qualification to do engineering work.  The               
 state has the responsibility to make sure that engineering is done            
 by qualified people.  He supported HB 46 and the language Senator             
 Leman proposed.                                                               
                                                                               
 SENATOR KELLY asked if professional engineers were required to keep           
 up continuing education.  SENATOR LEMAN replied no.                           
                                                                               
 Number 169                                                                    
                                                                               
 BOB HANCOCK, Anchorage Telephone Utility, supported HB 46 as                  
 written.  He said their plant is designed in accordance with                  
 industry standards.  They use AT&T guidelines and national safety             
 codes.  They have had no complaints of substandard construction.              
 They have had no incidences of physical injury or harm caused by              
 construction or their engineering methods.  They do not offer                 
 engineering services outside of their business.                               
                                                                               
 SENATOR TORGERSON moved to pass HB 46 from committee with                     
 individual recommendations.  There were no objections and it was so           
 ordered.                                                                      

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