Alaska-wide building code would ensure more live in safe, energy-efficient homes
(Photo provided by Alaska State Home Building Association)
This is written in response to the April 11 article by Yereth Rosen, “In seismically active Alaska, plans for statewide residential building codes are on shaky ground.”
The members of the Alaska State Home Building Association would like to address concerns about House Bill 150 and Senate Bill 197 concerning enacting a statewide building code and urge legislators to consider the benefits of both.
First a little history lesson and background. In the late 1970s there was a housing shortage much like today. Builders from across the country came to Alaska to build much-needed housing. They were well intentioned and built homes just like they had always done where they came from. The issue was that what they had always done, did not work in Alaska. Foundations were faulty, insulation and vapor barriers inadequate, ventilation between warm and cold environments nonexistent. They looked great and worked where they were from, but not here. The economy crashed, oil price went to $8.60 a barrel and people left the keys on the table and walked away in the mid ‘80’s. Banks were left with a lot of homes that were not inhabitable without substantial work.
That prompted the state to come up with the Residential Endorsement requirement for contractors to build homes. They must take some classes, pass a test, and then take continuing education classes to keep their endorsement and remain current and legal. These classes cover how to build in Alaska’s environment and pay attention to energy efficiency. Now we have the education but no requirement to put that information to use outside of enforcement jurisdictions. Customers are encouraged to hire a licensed, insured, and bonded contractor. They do this thinking they have done their due diligence only to find out later that there is no requirement for their contractor to build to any standard. Adding to the frustration, they spend their money looking for help in the legal system only to be told that the contractor did not break any laws. Government’s No. 1 role is to protect the citizens. Government has overreached in many areas, but this is not one of them.
Some lending institutions have protected themselves by requiring homes to be built to a minimum code as a qualification for financing. Alaska Housing Finance Corp. being one. They work with the International Residential Code as a basis and amended it to fit Alaska. They require inspections that are done by private business people that are trained and experts in the field. These inspections are paid for by the contractor or homeowner. This is to protect the bank from substandard building and has been in place since 1991. Code should not be considered the high bar; it is the minimum standards for protection of life.
A lot of contractors build better than code minimums. The idea of the code being burdensome and expensive can happen at the municipal level when jurisdictions add to the code minimum. These bills are intentionally written and strike the right balance of housing affordability, safety, and resiliency of homes.
The role of government is to protect the people in ways we cannot do ourselves. AHFC is protecting itself and Alaskans. Other lending institutions could follow suit. HB 150 and SB 197 are intended to finish the job that was started in the ‘90s, by requiring licensed professionals who advertise as a residential endorsed contractor to use the information they were taught and build to a minimum code. Code is not the high bar. It is a minimum standard intended to protect those living in these homes in the event of earthquakes, typhoons and fires. The code does not guarantee or even pretend that there will be no damage, but is designed to allow an occupant to survive these events.
What these bills do:
Protect the consumer by giving them legal grounds if they need to go to court because their home was not built to industry standards.
Protect the bank in their investment. Alaska Housing Finance contributes to the state of Alaska budget, and I am happy they have protected themselves.
Protects the contractor — Contractors building to industry standards are protected. Those not building to industry standards are putting themselves out on a limb.
Protect government — Citizens are going to expect government assistance after a natural disaster hits.
Use existing resources at AHFC that are already monitoring and amending codes to fit Alaska with a proven track record.
Put in place an advisory council to AHFC comprised of builders and industry professionals giving us a voice and engaging those affected by these codes.
Only pertain to licensed residential endorsed contractors.
What these bills do not do:
Do not add to state government.
Do not require any type of inspections.
Do not affect homeowner builders.
Do not affect recreation cabins.
Do not affect jurisdictions already having a residential code.
In response to concern for those living in rural areas with no contractors and maybe lack expertise in how to build a safe home: The Cold Climate Housing Research Center has done a lot of research and produced information specific to the varying climates across the state and can be referenced for best practices that meet the environmental conditions. With their input, the existing AHFC code amendments have been specifically written for Alaska to ensure sustainable and durable homes, not to prevent them.
A statewide building code does not create a barrier for residential construction no matter where you live. These bills do not affect those that are not licensed contractors. Remember, there are no inspections if not required by the lender. Should anyone want to build their own home or build one with their friend who is not a contractor, they can still do that and assume the risks and liabilities of that. When people are paid for their help, they are either contractors or employees. There are federal and state laws in place addressing both of these situations and the definition of both.
Everyone, regardless of where they live, should want a safe and energy-efficient home.
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