Legislature(2003 - 2004)
05/01/2003 09:01 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
May 01, 2003
9:01 AM
TAPES
SFC-03 # 72, Side A
CALL TO ORDER
Co-Chair Gary Wilken convened the meeting at approximately 9:01 AM.
PRESENT
Senator Gary Wilken, Co-Chair
Senator Lyda Green, Co-Chair
Senator Con Bunde, Vice-Chair
Senator Lyman Hoffman
Senator Robin Taylor
Senator Ben Stevens
Senator Donny Olson
Also Attending: MARK RILEY, Staff to Senator John Cowdery; ZACH
WARWICK, Staff to Senator Gene Therriault; SAM KITO III, Alaska
Professional Design Council; GARY POWELL, Director State Fire
Marshall, Division of Fire Prevention, Department of Public Safety
Attending via Teleconference: From Kenai: JAMES BAISDEN, Kenai Fire
Marshall; From Mat-Su: DAVID OWENS, Owner, Owens Inspection
Services
SUMMARY INFORMATION
SB 72-EXTEND REGULATORY COMMISSION OF ALASKA
The bill was scheduled but not heard.
SB 148-PFD: ALLOWABLE ABSENCE FOR MILITARY SVC
The Committee heard from the sponsor and reported the bill from
Committee.
SB 180-SAFETY CODE TASK FORCE
The Committee heard testimony from the sponsor and the industry.
The bill was held in Committee.
SENATE BILL NO. 148
"An Act relating to allowable absences for certain members of
the armed forces and their spouses and dependents for purposes
of eligibility for permanent fund dividends; and providing for
an effective date."
This was the second hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken reminded the Committee that this bill would amend
"State statutes governing allowable absences for Permanent Fund
dividends" for individuals serving in the US armed forces.
MARK RILEY, Staff to Senator John Cowdery, the bill's sponsor,
informed the Committee that he is available to answer questions.
Senator B. Stevens moved to report the bill from Committee with
individual recommendations and accompanying fiscal note.
Without objection, SB 148 was REPORTED from Committee with previous
fiscal note #1 from the Department of Revenue.
CS FOR SENATE BILL NO. 180(L&C)
"An Act establishing the Safety Code Task Force; and providing
for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken explained that this bill would "establish a nine-
member safety code task force, within the Legislature, to review
five primary safety codes dealing with construction in Alaska and
make recommendations regarding the consolidation of the code's
administrative functions."
ZACH WARWICK, Staff to Senator Gene Therriault, the bill's sponsor,
explained that, currently, numerous departments are involved in
establishing and administering the fire, building, mechanic,
plumbing, and electrical codes "which are supposed to ensure safe
building and construction throughout the State." He furthered that
currently the fire, building, and mechanical codes are managed by
the Department of Public Safety through the State Fire Marshall's
office, while the plumbing and electrical codes are managed through
the Department of Labor and Workforce Development. He characterized
a set of code as a "family". He stated that, "therein lays the
problem," as the departments have adopted separate families of the
two "national families of codes;" thereby, he asserted, causing
dissention between the departments.
Mr. Warwick elaborated that recently the State Fire Marshall's
office adopted the "International" family of codes, contrary to the
Department of Labor and Workforce's "Uniform" family of codes. He
stated that because there is "a lot of cross-referencing done on
these codes" and because two separate families of codes now exist,
the departments' codes are not uniform to each other.
Mr. Warwick referenced SB 38, which he stated, attempted to solve
the training and licensing issues that arose during the transition
of the fire, building, and mechanical codes from the Uniform Code
to the International family of codes. He stated that the suggestion
of creating this nine-member task force to impartially address
issues was the result of that legislation. He stated that the task
force would be comprised of three members representing the Uniform
code, three members representing the International code, and three
appointed impartial members.
Mr. Warwick advised that the decision was made to exclude
representatives of the construction industry as voting members of
the task force, as he attested, their inclusive would make it
impossible "to produce a working document." However, he continued,
it was suggested that the construction industry be included on an
advisory panel within the task force. He furthered that
representatives from the Division of Occupational Licensing "and a
person from fire prevention" would also be included on the advisory
panel, and he noted that a forthcoming amendment would provide for
the inclusion of other entities on the advisory panel.
Mr. Warwick shared that the Task Force would be responsible for
discussions regarding current codes and recommendations regarding a
single family of codes to provide consistency as well as
discussions and recommendations for a single State agency to adopt
and administer all codes. He mentioned that some states have
adopted codes comprised of both the Uniform and International
family of codes.
Co-Chair Wilken noted that there has been "considerable input
regarding this task force," and he commented that the goal would be
to develop a committee substitute that defines "what is really
trying to be accomplished with this bill" to benefit the
communities and people of the State. He noted that the Fairbanks
North Star Borough that he represents is against the bill in its
current form. He shared that this "seemingly innocuous issue… seems
to have all sorts of tentacles."
Senator Olson asked how the members of the Task Force were
identified.
Mr. Warwick responded that the members were identified because they
have the "most involvement" in the adoption and administering of
the codes. He mentioned that some professions, such as a municipal
building official were suggested, but not selected for inclusion
because of "vested interest" concerns.
Senator Olson voiced that a local building official should be
involved.
Mr. Warwick responded that the involvement of this profession on
the advisory panel would be addressed in a forthcoming amendment.
Senator Olson asserted that a local building representative should
be on the Task Force.
Mr. Warwick defended the omission of a local building official on
the task force by noting their inclusion as a member of the
advisory panel, as he stated, these individuals administer codes
rather that create or design them.
Senator Olson asked why a fire safety representative is not
included on the task force.
Mr. Warwick responded that that decision was based on the same
reasoning as the exclusion of a local building official.
JAMES BAISDEN, Fire Marshall, City of Kenai, testified via
teleconference from Kenai and spoke against this legislation as
"the make-up of the task force is unfair to fire marshals and
building officials who have been involved in the code process for
fifty-five years protecting the citizens of the State." He opined
that the bill is "weighted heavily against these groups," and he
attested that code changes would affect communities and other
involved entities financially as recertification, training, and
other aspects of conforming to the codes would be required. He
voiced support for the International family code as it more
adequately protects the State.
DAVID OWENS, Owner, Owens Inspection Services, a private building
inspection company in Homer, testified via teleconference from Mat-
Su, to voice support of this bill. He noted however, that while it
is a good concept; he aired "that the balance of the Board needs to
be changed" to include a certified building inspector.
SAM KITO III, Representative, Alaska Professional Design Council,
testified in Juneau to express that the task force should include a
fire protection and/or a certified building inspector. He
questioned the inclusion of an electrical industry representative
on the task force, as he remarked that the Uniform and
International family of codes pertaining to electrical codes are
basically identical.
Senator Taylor asked for further information as to the type of
building inspector that the testifier would support being included
on the task force.
Mr. Kito clarified that either a certified building inspector or a
municipal building official should be included. He stated that,
while they have "different perspectives on the code, they both have
a working knowledge of the code."
GARY POWELL, Director State Fire Marshall, Division of Fire
Prevention, Department of Public Safety, voiced support for the
concept of the legislation, but voiced that the balance of the task
force should include a Fire Marshall and a building official. He
noted that, while the State has five separate, identified codes, a
task force without a Fire Marshall and a building official would
represent only three. He declared that the two codes omitted "are
truly the major codes of the five groups; the building codes being
the kingpin that all other codes are based on." Therefore, he
asserted, these groups should be voting members of the task force.
Mr. Powell expressed that the State has been successfully operating
with both the International and Uniform family codes for more than
one and one-half years. He spoke to the transitional training issue
by explaining that a minimum 90-day transition period was provided
and that construction projects underway or being designed were
allowed to proceed under the code that was in place at the time. He
stressed that this provided "ample time" for training and project
needs, and he informed that the Department of Public Safety has
prevailed in the related court cases.
Senator Olson asked how small contractors are affected by the
requirement of two types of codes.
Mr. Powell responded that the number of construction permits issued
increased during this time, which he attested, indicates, "things
are proceeding fine". He stated that the Division has received no
complaints regarding the technical aspect of codes.
Senator Olson verified that there have been no complaints
concerning whether one of the two family codes is more cumbersome
than the other.
Mr. Powell concurred.
Co-Chair Wilken announced that the SB 180 would be HELD in
Committee
Co-Chair Wilken thanked the Committee for participating in the
previous public testimony hearings for SB 117 Eliminating Longevity
Bonus Program and he noted that listening to public testimony is
important and appreciated by the citizens of the State.
Senator Olson commended the Chairman for the respectful manner in
which the hearings on the Longevity Bonus legislation were
conducted.
ADJOURNMENT
Co-Chair Gary Wilken adjourned the meeting at 09:25 AM
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