HOUSE BILL NO. 377 An Act relating to an exemption from certain registration and practice requirements for persons preparing drawings or specifications related to the construction of certain buildings. 1:56:52 PM MICHAEL PAWLOWSKI, STAFF, REPRESENTATIVE KEVIN MEYER, stated that State law requires that an engineer or architect prepare drawings for specifications for a residence if it is more than two stories high. However, building codes adopted by the State Fire Marshal and many municipalities require an engineer or architect only if a residence is more than three stories high. The process of consulting with an engineer or architect adds an unnecessary expense to the construction or renovation of a home. HB 377 amends Alaska Statute to reflect the standard already present in the adopted codes across the State. The bill would allow contractors and homebuilders to build or expand a residence if it is not more than three stories high. 1:58:11 PM Co-Chair Meyer pointed out that the Alaska Home Builders Association does support the legislation. Mr. Pawlowski understood there was a new letter addressing the committee substitute and had not yet seen it. He indicated safety concerns that had been voiced. The current exemptions are listed on Page 2, Line 19 & 20, for a four family residence and not more than two stories high. The international building and residential codes identify buildings three stories, which is the issue addressed by HB 377. With present building codes, a builder would need to go through a planning review process to obtain a building permit. 2:00:02 PM Representative Kelly inquired why it was not left to four families - three stories. Mr. Pawlowski explained the original version had been drafted that way, however, the dilemma was: · So not directly meet with the code reference of two families and three stories, and/or · Once expanded from two to four families and three stories, the buildings became bigger than a duplex - a change made in the House Labor and Commerce Committee. 2:00:51 PM MARK MORRIS, PROFESSIONAL ENGINEER, STATE BOARD of REGISTRATION FOR ARCHITECTS, ENGINEERS AND LAND SURVEYORS (AELS), JUNEAU, spoke in opposition to HB 377. He noted the th two letters of opposition dated February 24 and March 14. The State AELS Board was unanimous in its opposition because of the height, not the size of a structure. Increasing the height affects the design load expeditiously & radically modifies what an engineer must take into consideration. Mr. Morris discussed these concerns, emphasizing that the statute was initially written to protect the public's safety. Contractors and home builders are not required by the State of Alaska to have the education, training, and exam verification to ensure that they are capable of designing that level building. Design professionals are trained to ensure buildings are safe for human habitation. He reiterated that in the interest of public safety, the AELS Board strongly opposes the proposed modification to statute. 2:05:37 PM Vice Chair Stoltze questioned the typical cost for architectural services and/or the general percentage used. Mr. Morris responded that is difficult to determine; on a home as proposed, an electrical engineer would not be needed, only a structural engineer and that would be a smaller percentage. On a commercial building, typically it would be somewhere between 6% and 8% of the cost of the structure; on a home, it might amount to 3%. 2:06:40 PM Vice Chair Stoltze voiced concerned on engineering failures of some public buildings and asked if a "statute of repose" could be traded, giving the consumer more. He asked if the legislation had resulted from a "turf war". 2:08:19 PM Mr. Morris did not understand the question. He stated that as a professional, he had nothing to gain by the proposed modification. The issue results from structural design concerns. A person would be foolish to build a three-story home without a registered professional providing the appropriate calculations. A contractor would not be aware of those requirements. 2:08:30 PM Mr. Morris continued that with regards to design, loads must be addressed. He thought that a professional must determine the numbers affecting a nailing schedule and wall design. 2:09:57 PM Representative Hawker worried that the bill proposes something not supported by the State AELS Board and asked the applicability of the Alaska Homebuilders Association request. Mr. Morris could not comment on exactly what the codes say. He warned that codes are an established minimum standard for safety. To remove someone with the knowledge on how to run calculations to determine the loads on certain portions of a structure and make sure that the loads are adequate would be the intent of a code. Only professionals are trained to do that. 2:12:50 PM Co-Chair Meyer asked if it was correct that when building one's own home, any standard could be used. Mr. Morris understood that in statute, if a home were built over that size, a professional would need to review the plan. Co-Chair Meyer mentioned an existing conflict between the Homebuilders Association and the Anchorage Municipal Code. Mr. Morris did not know about codes outside of Juneau. Co-Chair Meyer thought that the legislation could bring consistency statewide. 2:15:01 PM BILL TAYLOR, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE HOMEBUILDER'S ASSOCIATION, TAYLOR ENTERPRISES, ANCHORAGE, said the bill's language proposes merely a "housekeeping measure". It is intended to clean up the statute and the codes. He believed that the change would have no safety concern, as all areas where the codes do apply, have scrutiny and design review schedules. Representative Kerttula asked clarification if the plan would be reviewed for safety provisions. Mr. Taylor responded that there would be a level of scrutiny by every plan review section. 2:17:55 PM Representative Joule requested a definition of "three stories". Mr. Taylor read the definition from the International Residential Code (IRC): "Anything more than 6' above the great plain or more than 6' above the finished ground level for more than 50% of the total building perimeter or more than 12' above the finished ground level at any point." 2:19:22 PM PAUL MICHAELSON, (TESTIFIED VIA TELECONFERENCE), NATIONAL ASSOCIATION OF HOMEBUILDERS, BUILDER, ANCHORAGE, echoed comments made by Mr. Taylor. He added that most three story, single family dwelling structures are drawn and designed by professionals. The designers have the right to self-engineer the building and then it would move through the Plan Review Committee. The builders are instructed where sheer walls & nails are placed. Each designer has the option to hire an engineer. Mr. Michaelson did not think that self-engineering would be dangerous to the public. Co-Chair Meyer noted that testimony had not taken into consideration how it would affect the areas outside Anchorage. 2:22:13 PM Co-Chair Chenault assumed that if any municipality had building codes, they would be required to build to that code. Mr. Michaelson explained that the manner in which International Residential Code (IRC) was developed, there were several codes used throughout the entire United States. Most jurisdictions that adopt codes have provisions allowing building three stories, while considering safety of the occupants. Co-Chair Chenault clarified that each municipality adopts their codes. Mr. Michaelson said they do. Representative Kelly questioned if current law was being enforced. Mr. Pawlowski did not know. Individuals building their own homes do not have to go through the process. 2:25:09 PM Mr. Pawlowski noted that the building community has indicated that in areas that have a code and planning review committee, that process is strictly enforced. Vice Chair Stoltze pointed out the absence of letters from municipalities outside of Anchorage. Mr. Pawlowski replied their office had requested comments from other areas but did not receive any. Representative Kerttula asked if a plan review done by the architect could meet necessary safety concerns. Mr. Morris said that if the person performing the review has the expertise to run the calculations, then a safety net would be available. The concern is given to the loads and the complexity of the structures, it becomes more complex when vertically building-up. The State has a method to register structural engineers to run the calculations and make the necessary changes. Building codes require much in the interest of public safety, but if the loads are not determined, the situation becomes vulnerable. All designs must meet the national electrical codes. The codes by themselves are not enough; someone with the expertise is essential. He knew that the City and Borough of Juneau does not have a registered structural engineer on staff. 2:30:46 PM Mr. Michaelson interjected that most lending institutions require that their structure have an ICPO inspector provide the proper engineering. He did not believe anything would slip through the cracks. Co-Chair Meyer acknowledged he was "uneasy" moving the bill from Committee and requested Mr. Morris be available for further discussion with Mr. Pawlowski. Vice Chair Stoltze reiterated his concerns and asked assurance that the consideration is a public safety issue and not an industry protection bill. 2:33:51 PM Representative Holm mentioned his own situation regarding costs resulting from homeowner withholding information regarding a vapor barrier and the costs that accumulated to more than $90,000 dollars for him and his family. He agreed with the concerns regarding building codes and the protection of assets when buying homes. HB 377 was HELD in Committee for further consideration.