HOUSE BILL NO. 269 "An Act establishing the Safety Code Task Force; and providing for an effective date." REPRESENTATIVE NANCY DAHLSTROM, SPONSOR provided information about the bill. She read from the sponsor statement as follows: There are five primary safety codes dealing with construction in Alaska, all of which are under the jurisdiction of two different Departments. The Fire, Building and Mechanical Codes are under the jurisdiction of the Fire Marshall at the Department of Public Safety. The Plumbing and Electrical Codes are governed by the Department of Labor. Each department is responsible for adopting a family of codes that bring uniformity and consistency to the construction industry. However, the current delegation of authority to the respective departments has caused a set of conflicts and discrepancies. The mission of the Safety Code Task Force is to suggest options for consolidation of our code administration function. The Task Force will be charged with presenting recommendations to the legislature by the first day of the Second Regular Session of the Twenty- Third Alaska State Legislature. The Safety Code Task force will consist of 9 members representing parties affected by the adoption of Safety Codes in the state. The makeup of the task force is as follows: A Senator (Co-Chair) appointed by the Senate President, A Representative (Co-Chair) appointed by the Speaker of the House A member of administration appointed by the Governor The following members are to be appointed jointly by the Senate President and the Speaker of the House: Representative of the construction design community Representative of the construction engineering community Representative for general contractors Representative for mechanical contractors Representative for electrical contractors Representative for plumbing contractors Additionally, the Governor will appoint an advisory panel. The makeup of the panel will include individuals from industry, organizations, and Government. The purpose of this group is to advise the Task Force on the effect of any changes in code to their respective community. Representative Dahlstrom pointed out that the advisory panel would include representation from various state agencies. She maintained that it was her intention to represent a broad coalition. Representative Foster observed that the representatives on the task force did not include someone from the Bush area. He explained that this area had different needs and timeframes than urban areas. Representative Dahlstrom maintained that the task force would be charged with developing the uniform codes, and not actually performing the inspections. Representative Foster reiterated that the codes needed to be adapted for the entire state. Co-Chair Williams maintained that the task force would address the kinds of problems raised by Representative Foster. ZACH WARWICK, STAFF, SENATOR GENE THERIAULT, stated that an intention for the Task Force was achieving consistent code requirements. He noted that the transition from the uniform to the international code was not yet completed. He pointed out that statute specified that an inspector must be trained in the uniform code, yet contractors are being told to operate under international code. He noted that there were a variety of problems regarding administering codes in statute and that a goal for the task force was to devise a working document to address those problems. Representative Berkowitz asked if, given existing statutory confusion, the Task Force would then identify the points of inconsistency in statute and communicate this with the legislature. Mr. Warwick confirmed that this was one of the three goals, in addition to suggesting a set of common codes to adopt, and a method for administering them. Representative Berkowitz suggested that legal research was needed rather than a task force and that this might reduce the cost of the project. Mr. Warwick speculated that the statutory conflicts were so extensive as to require legal advice. Representative Stoltze voiced concern with cost issues. He observed that many of the representatives had existing state travel budgets, and that others have financial interest in a solution. He suggested that private citizens be asked to pay for their own expenses to participate, rather than be subsidized by the legislature. Co-Chair Williams noted that Co-Chair Harris was reviewing the fiscal notes for possible revisions. Representative Hawker asked whether this was an essential service and a way to recover the investment. Representative Dahlstrom stated that she would entertain an amendment to the fiscal note allowing those parties to finance their own travel costs. Vice-Chair Meyer asked if Section (h), page 3, would need to be amended, if the fiscal note were changed to zero, since it states that task force members were entitled to per diem and travel expenses. Representative Kerttula noted that some of the municipalities believe that there should be municipal members on the task force, in particular a fire prevention official. She asked if this might be acceptable. Representative Dahlstrom noted that there had been discussion on that concern and that it would be acceptable. The fire official would need to be specified as a fire code official. She also noted that having a municipal building inspector would be a good addition. Co-Chair Harris commented that under the advisory panel there were a number of individuals, including fire code and building inspectors, who would suggest recommendations. He noted that he had carried this bill during other legislatures, and observed that it was a difficult task to resolve. He pointed out that both Anchorage and Fairbanks had voted to accept particular codes, and emphasized the confusion over how to implement the various codes. Representative Stoltze referred to Title 29 and asked whether the term "municipal" was too restricting, preventing smaller areas from using this tool. He recommended using the term "local" government instead. Representative Dahlstrom commented that representation from around the State was vital, and concurred that the term "municipality" might be restrictive. HB 269 was HEARD and HELD for further consideration. HOUSE BILL NO. 269 "An Act establishing the Safety Code Task Force; and providing for an effective date." EUGENE RUTLAND, MECHANICAL CONTRACTORS, FAIRBANKS, testified via teleconference in support of the bill. He maintained that regulations needed to be reviewed and revised. He suggested that the task force would ensure that recommendations and the code adoption process would have the broad support of the construction community. COLIN MAYNARD, APDC, ANCHORAGE, testified via teleconference in support of the bill. He reviewed the history of the current national building codes, which were written in 1991 and resulted in a uniform code. He noted that in 2000, international codes were adopted. He pointed out that the mechanical contractors organization jointly wrote the uniform mechanical code, and continue to write this code. In 2000, the state fire marshal adopted the building fire mechanical code. The mechanical contractors would prefer to have the uniform mechanical code written by their organization and have been trying to overturn the fire marshal's decision. They have joined forces with the national fire protection association to write a building code to compete with the international codes, for a total of two national codes. He concluded that the reason for the task force was to examine these two codes and decide which aspects are most appropriate for the state of Alaska. He noted that Anchorage and Fairbanks adopted the same code to align with the state of Alaska. He pointed out that the makeup of the task force had changed from what had been recommended. He maintained that not having a building official on the task force did not provide enough compliance information, since contractors did not have the oversight of the code. Co-Chair Harris asked if there needed to be a municipal official or if it could simply be a licensed inspector. Mr. Maynard maintained that an inspector would not provide the needed perspective. He contended that a municipal building official was needed. Co-Chair Harris asked if these officials would have a bias. Mr. Maynard conceded that this might be the case. ZACH WARMWICK, STAFF, SENATOR GENE THERRIAULT, noted that municipal building inspectors were part of the body that created the international code. He noted that the six member task force would be appointed by the Senate President and the Speaker of the House, and pointed out that the effort was to create a task force which was as non biased as possible. Representative Kerttula observed that if there were only eight people in the state that filled the criteria for being a municipal building inspector, and asked if it could be differently termed, since some areas were not municipalities. Mr. Maynard pointed out that only eight areas performed the planning that designated a building official. He noted that smaller areas were under the jurisdiction of the state fire marshal's office. Public Testimony concluded. Representative Kerttula MOVED Amendment #1. Page 1, after line 6: Delete "nine" Insert "eleven" Page 2, line 3: Delete "and" Page 2, line 4: Delete "." Insert "," Page 2, after line 4: Insert"(G) a municipal building official; and (H) a municipal fire prevention official." Page 2, lines 18 & 19: Delete all text Co-Chair Harris OBJECTED. Representative Kerttula MOVED TO AMEND the language: change "municipal" to "local". Co-Chair Harris OBJECTED, and MOVED to Amend the AMENDMENT to read "local building inspector" and "local fire code official". Representative Kerttula agreed that this language might be more specific. Vice-Chair Meyer questioned whether or not to enlarge the task force. Representative Dahlstrom confirmed that they originally included this number and stated that she would like the list to remain the same. Representative Stoltze raised concern about the restrictive nature of the language in the amendment. Co-Chair Harris pointed out that he was not in favor of the amendment. Representative Kerttula disagreed with Co-Chair Harris amendment to the amendment regarding "local building inspector", based on earlier testimony. Co-Chair Harris WITHDREW "local building inspector" from his amendment to the amendment. Co-Chair Williams OBJECTED to Amendment #1, as amended. Representative Whitaker expressed support for the amendment. He referenced his experience on the Fairbanks City Council. He noted it was cumbersome not to have significant cooperation between two sides of an issue. He expressed concern that future problems would occur by not including all parties on the task force. Representative Kerttula acknowledged that it would be helpful to involve building officials in the process. Representative Dahlstrom reiterated that it was her preference to keep the original wording in the bill. She stated, however, that they could work with the amendment. Co-Chair Williams spoke about his experience with the Fish Task Force, and noted that eleven members was a large task force. Representative Whitaker proposed that the question was not the number of members, but who was included. He maintained that the building officials were the ones who would have to implement the results of the task force ultimately. He suggested that membership might be restricted to nine if they included the building officials. Co-Chair Williams asked where one might remove two members. Co-Chair Harris suggested that the list would be overbalanced. He noted that an official who had legal authority would offset the balance of the task force. He pointed out that the task force was not creating statute, but proposing solutions. He noted that the legislature would ultimately create the law, advised by the task force. Representative Stoltze proposed that the amendment be withdrawn since it had been amended extensively. He suggested that another amendment be created. There being NO OBJECTION, to the amendment to the amendment it was so ordered. A roll call vote was taken on the motion to adopt the amendment as adopted. IN FAVOR: Berkowitz; Moses; Whitaker; Kerttula OPPOSED: Hawker; Meyer; Stoltze; Chenault; Foster; Williams; Harris The MOTION FAILED (4-8). Co-Chair Harris referred to the three fiscal notes. Co- Chair Harris MOVED to zero out Fiscal Note #3 from the Department of Public Safety. He also MOVED that language allowing funding for task force travel and per diem be AMENDED on Page 3, lines 11-13. There being NO OBJECTION, it was so ordered. Representative Foster MOVED to report CS HB 269 (FIN) out of Committee with the accompanying amended fiscal notes. Representative Berkowitz asked whether it was necessary to point out that members of the task force were not eligible for compensation. After some discussion, it was clarified that it was not necessary to delete the section previously referenced. Co-Chair Harris clarified his AMENDMENT on the bill to only remove the language "but are entitled to per diem and travel . . . .AS.39.20.180". After further discussion from Representative Meyer regarding state compensation, Co-Chair Harris once again MOVED to delete lines 11 to 13 on page 3. There being NO OBJECTION, it was so ordered. Representative Foster MOVED to report CSHB 269 (FIN) out of Committee with individual recommendations and the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CSHB 269 (FIN) was REPORTED out of Committee with individual recommendations and three zero fiscal notes: #1 from Department of Community and Economic Development, and two new fiscal notes, one from the Legislature and one from the Department of Public Safety.