Alaska-wide building code would ensure more live in safe, energy-efficient homes

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.