SB 269 - PLUMBING CODE CHAIRMAN LEMAN announced SB 269 to be up for consideration. SENATOR MACKIE moved to adopt the committee substitute to SB 269. There were no objections and it was so ordered. MS. ANNETTE KREITZER, Staff to the Labor and Commerce Committee, reviewed the proposed committee substitute. The bill as previously written had two problems. First, the Northern Lights case vs. Sweeney means you can't delegate the authority or the public notice provisions of law in terms of adopting publications year after year. The bill had to be rewritten to meet the problems that were presented in that case. The second amendment begins on line 13 which Mr. Doug Green would discuss. Number 270 MR. DWIGHT PERKINS, Special Assistant, Department of Labor, concurred with naming the various codes and the dates being the wisest thing to do and had no opposition to the proposed committee substitute. MR. DONALD LAUGHLIN, Director of Administration, International Association of Plumbing & Mechanical Officials (IAPMO) read his letter which said that they have published the Uniform Plumbing Code (UPC) since the early 1950's and Alaska has adopted it for years. The 1997 edition is the most technologically advanced plumbing code ever published. IAPMO and its co-sponsors, the National Association of Plumbing, Heating, Cooling Contractors (NAPHCC), and the Mechanical Contractors Association of American (MCAA) utilize an industry consensus process to develop and maintain the provisions contained in the UPC. Then all effected parties have the opportunity to vote on amendments made to the Code. It is updated annually and published every three years. Number 325 MR. PETER JURSACK, State Plumbing Inspector, Department of Labor, said he supported adopting Appendix 29 of the 1997 Uniform Plumbing Code rather than Table 4-1. He thought the Department of Labor could work with either of those tables as there are pros and cons to both of them. The Uniform Building Codes has an occupancy rate which allows them determine the number of facilities for a certain type of occupancy. It also allows flexibility for smaller types of businesses where it is needed and eliminate confusion with the engineering and design community. CHAIRMAN LEMAN asked to reduce the chance of someone misusing the table, couldn't the 97 UPC be provided with a warning sticker on it with reference to the UBC table. MR. JURSACH said he thought something could be done. Number 377 MR. DOUG GREEN, Anchorage Architect, said he is a member of the Alaska Professional Design Council. He felt that it's definitely in the best interests of the design community and the State of Alaska to adopt the Uniform Building Code fixture schedule. The main reason they see this as important is typically Juneau, Anchorage, and Fairbanks do the same amendment for uniformity throughout the State, but as you move out of the urban areas, plumbing fixtures become a very important item in the design of any building. It has been historically the case and currently so that the Uniform Plumbing Code creates a larger fixture count in these buildings than are necessary. This is because the it is determined upon exiting requirements. One of the problems he has with that table is that it says the optimum load shall be determined by minimum exiting requirements and doesn't reference anywhere for that requirement. Typically, you have to go back to the Uniform Building Code to get those requirements, anyway. These numbers are intended to generate safety for exiting purposes, not for plumbing counts. The Building Code is much more integrated as a tool to utilize the occupant load calculations to determine the number of occupants utilizing a building than for the fixture count in the toilet room. It has historically required fewer toilets which in the bush is a big plus, because they require more water and waste handling systems which are a premium out there. He strongly supported the amendments in the committee substitute. MR. PERKINS said the Department supports the bill as written. He suggested amending some language within the Code that refers to Table 1 on page 1, line 13 as "excluding 41.3.1 and...." which directs you to Table 4-1, a cleanup issue. Number 435 MR. GREEN agreed with that amendment. CHAIRMAN LEMAN said a better approach would be to reference the new table by leaving in the language and where it says "Table 4-1" insert "Table 8-29-A." MR. PERKINS said that would be O.K. MR. AL DWYER, Director, Labor Standards and Safety, said the books are sold state-wide and they wouldn't be able to revise them. He thought the best thing would be in the statute delete 4.13.1 and they would not have to renumber the rest of the Code Book. CHAIRMAN LEMAN asked if they needed a reference to the other table. MR. DWYER said they could do that in the statute. They talk to most journeymen plumbers and administrators in their seminars where this can be brought up. MR. PERKINS thought it might be less confusing if they delete it in statute and then when the Division goes into the communities with their courses, they bring the most recent edition of the Uniform Building Code. Then he noted there would be no reference to the table anywhere. MR. JURSACK commented that he thought they needed to leave 4.13.1 in and substitute Table 4-1 with an appendix from the Building Code by regulation. SENATOR MILLER moved CSSB 269 from Committee with individual recommendations. There were no objections and it was so ordered.