Certificate of Merit Passes Senate Committee

The certificate of merit bill (SB 5833) passed as the last bill out of the Senate Judiciary Committee before tonight’s deadline.

SB 5833 would require a certificate of merit to be filed with the court prior to a suit proceeding against a design professional. It is modeled after a similar requirement passed by the Washington State Legislature in 2006 (RCW 7.70.150) for medical professionals. SB 5833 would apply to “an architect, professional engineer, land surveyor, landscape architect, or geologist who is licensed and authorized by law to practice such profession.” It would also apply to the firms that employ these professionals and employees or subconsultants of those professionals.

AIA/WA used insurance claims data to bolster its arguments for the bill. The AIA Trust’s commended professional liability insurance provider CNA/Schinnerer conducted a custom study on claims against design professional firms in Washington State. The study found that “71.2 percent of the claims, design firms were determined to have had no responsibility for damage or injury as measured by having no indemnity payment by the insurer on behalf of the design firm.”

The bill now goes to the Senate Rules Committee before being considered by the full Senate.

Simple Majority for School Levies Fails to Pass Senate

The Senate today failed to pass Engrossed Substitute Senate Joint Resolution (ESJR) 8207, sponsored by Senator Tracey Eide (D-30, Federal Way) to amend the Washington Constitution to allow school excess levies to pass with a simple majority of votes (50% plus one). The vote was (30-17) and a constitutional amendment needs 33 votes to pass the Senate.

ESJR 8207 was amended on the Senate floor to apply the simple majority clause only if the levy is voted on during a general election. Senator James Hargrove (D-24, Hoquiam) sponsored the amendment. If a levy is put forward at another time of year, the current requirements would apply (60 percent majority and 40 percent of total voters voting in the last preceding general election.

After the vote, Senate Majority Leader Lisa Brown (D-3, Spokane) moved to allow the bill to be reconsidered by the Senate at a later date.

If the bill were to be passed by the Legislature, it would be put before the voters for a vote in November 2007. It would need to receive a simple majority of voters to be adopted.

Senate Labor Committee Busy Moving Bills

The Senate Labor Committee was very busy in the day before the committee cutoff (when bills have to be passed out of committee to stay alive). It held a hearing on to bills that the AIA Washington Council is supporting. SB 5746 makes modifications to the landscape architecture licensing law. SB 5984 would restrict the practice of structural engineering to only those engineers who are specifically licensed as structural engineers. Neither bill would have an impact on the practice of architecture, but both would improve public protection by increasing the level of professionalism in the affected professions.

The committee also held executive session to move bills out of committee. It passed Substitute Senate Bill 5788 to require licensing of home inspectors. For the most part, the AIA/WA supports this bill. However, we are continuing to work to have an exemption for licensed architects and engineers added to the bill. The AIA/WA is also concerned that the substitute moves the licensing program from the Department of Licensing (DOL) to the Department of Labor & Industries (L&I). The AIA/WA believes that is more appropriate for DOL to oversee professional regulation programs such as proposed in SSB 5788.

SB 5990 also passed by the committee today to increase regulation of construction cranes. This bill is in response to a high profile crane collapse late in Bellevue in 2006. The construction community and organized labor groups have been working closely with lawmakers on the bill.

Legislative Schedule Update

We are right at the mid-point of the legislative session. Next week we will hit the first “cut-off” or legislative deadline. By 5 p.m. on Wednesday, February 28, bills will have to pass out of their committee of origin in order to remain viable for this legislative session.

On Monday, March 5, fiscal and transportation bills will have to be passed out of committee as well. Bill necessary to implement the budget and Constitutional amendments are exempt from all cutoffs.

What this means for us is that after February 28, the legislature will be spending most of their time on the floors in session, until March 14 (when bills have to pass through their house of origin). So, the number of bills introduced each week will slow and the legislative pace will quicken.

The Legislature adjourns for the year on April 22, 2007.

AIA/WA Testifies on Transportation Goals

Today the AIA Washington Council’s Executive Director Stan L. Bowman, Hon AIA/WA, testified before the House Transportation Committee about future transportation goals.

Recent work on the Alaska Way Viaduct, State Route 520 floating bridge and the Interstate 5 bridge across the Columbia River have raised serious concerns about the goals under which the Washington State Department of Transportation (WSDOT) operates. AIA’s involvement in these projects have made clear that WSDOT is not handling such projects well.

First, WSDOT poorly handles relations with communities in the development, design and implementation of major transportation systems. These “mega-projects” have enraged the local communities about the lack of sensitivity to their community context and ignore community goals.

Second, WSDOT does a poor job of designing these mega-projects. WSDOT only uses internal agency engineers for nearly all of their projects. They do use consultants on a limited basis for guidance, but the design of the systems is performed by in-house engineers. The result is that recent project designs lack creativity and sensitivity to local conditions.

HB 2041, introduced by Representatives Fred Jarrett (R-41, Mercer Island) and Geoff Simpson (D-47, Covington & Black Diamond), and HB 2139, introduced by Rep. Simpson, would require WSDOT to adhere to several goals. These goals are described in the bill reports. HB 2091 also requires WSDOT to have greater focus on sustainability and carbon reduction goals.

The AIA/WA testified that while these goals are laudable, they still miss a major goal that transportation systems should be context sensitive and focus on design excellence. To support this testimony, Bowman distributed to the committee members copies of AIA’s 10 Principles for Livable Communities and a chapter from the AIA Publication Livability 101 titled Effective Planning for Regional Transportation.

To listen to the hearing, go to http://www.tvw.org/ and enter either bill number in the search engine.

Housing Liability Expansion Heard in House Committee

The House Judiciary Committee today held a hearing on HB 1935, sponsored by Representative Brendan Williams (D-22, Olympia), to expand liability on housing projects. At the hearing, Representative Williams presented a proposed substitute that would be an exact copy of SB 5550, which was introduced by Senator Brian Weinstein (D-41, Bellevue). SB 5550 is pending further action in the Senate Rules Committee (see the summary posted previously). AIA/WA’s contract lobbyist Cliff Webster testified against the bill. AIA/WA supports the study committee portion of the bill. However, AIA/WA opposes the substantive provisions in the bill, because they presuppose the policy outcome that the study is designed to ascertain. To listen the hearing, go to http://www.tvw.org/ and enter the bill number in the search engine.

Building Official Liability Bill Has Hearing

Today, the Senate Government Operations and Elections Committee heard testimony on SB 5892. This bill would create new liability for county and city building inspectors when the lack of inspection or enforcement of the building code results in damage to property. The bill states, “A county or city is liable for damages caused by their negligent failure to enforce the provisions of the state building code. The liability of a county or city is limited to fifty percent of the actual damages proved.”

The AIA Washington Council signed-in as being opposed to the bill. AIA member John Neff, AIA, testified against the bill in his role as a city building official. To listen to the hearing, go to www.tvw.org and enter the bill number in the search engine.

Alternative Public Works Reauthorization

The House Capital Budget Committee held a hearing today on Substitute HB 1506 to reauthorize the alternative public works law. This law allows certain state and local agencies to use design-build, general contractor/construction manager and job order contracting procurement methods. The AIA Washington participated in the development of this bill through the Capital Projects Advisory Review Board. Prospects for the bill look positive. The bill is expected to next be heard by the House Appropriations Committee.

Bill to Alter Vesting Laws Passes Senate Committee

Today, the Senate Government Operations and Elections Committee passed SB 5507 to dramatically alter the state’s vesting laws for building codes, zoning and growth management laws. This bill would shift the point in time for vesting projects under current laws from when a complete permit application is submitted to when the application is approved. The bill would basically eliminate vesting because if a law is changed before the start of “substantial construction” it allows changes in the laws to be applied retroactively and the permit to be divested or rescinded. For the Growth Management Act (GMA) it would apply all Growth Management Hearings Boards’ decisions to be applied retroactively and permits to be rescinded.

Senate Committee Hears Certificate of Merit Bill

On Friday, the Senate Judiciary Committee held a hearing on the AIA/WA-backed bill, SB 5833, to require a “certificate of merit” be filed prior to a lawsuit proceeding against a licensed design professional (architect, engineer, landscape architect or land surveyor). Last year the legislature passed a similar requirement for medical professionals as part of a larger package on medical liability reform. Several states currently have this requirement for design professionals as well. AIA/WA is pushing the bill as part of the Architects & Engineers Legislative Council (AELC). The only testimony against the bill was from the Washington State Trial Lawyers Assn. Even though WSTLA agreed to similar language for medical professionals, they continue to oppose our bill.

Now that the bill has had a hearing, it is eligible to be considered in “executive session” and passed out of the committee. The next step is to schedule a committee vote on the bill.

Senate Committee Passes Housing Liability Bill

The Senate Consumer Protection and Housing Committee passed Substitute SB 5500 out of committee today. Senator Jim Honeyford (R-15, Yakima) offered several amendments, but all of them were rejected by the majority Democrats on the committee. The substitute bill was not public available at the hearing today and the AIA/WA is working to get an official copy of the amended bill. But, according to the debate in committee it appears that they removed the section which changes the statute of repose from 6 years to 10 years. The committee also added a provision to require a legislative study of residential construction practices. The bill now goes to the Senate Rules Committee, which determines which bills come to the floor of the Senate and when.

UPDATE

The substitute bill was posted this morning. It has been shortened to the following subjects:

Section 1. Sets the definitions of what is to be covered by the home warranty. Basically, it boils down to the home (structure, siding, etc.) and appliances. The warranty does not include condos, manufactured or mobile homes, outbuildings, landscape features/systems, or appurtenant recreational facilities.

Section 2. Sets the length of warranties: 2 years for defects in materials and workmanship, 3 years for electrical and mechanical systems, 5 years for water penetration, 10 years for structural defects. It also includes a number of exemptions including normal wear and tear, insect damage, materials not supplied by the builder, damage from non-residential uses, damage due to homeowner negligence, damage by persons other than the builder, and acts of God.

The dollar limit on warranty is limited to the actual cost of repair or the fair market value of the home. The contractor has a right to collect from subcontractors who are at fault for defects. It sets a six year statue of limitations from when the defect is discovered or should have been discovered. It also sets a 10 year limit for the warranty period. The warranty is transferable to new owners.

Section 3. Creates a committee on residential construction to study “the cause, extent, and type of construction defects” in the residential market (and a bunch of other stuff). An architect is on the committee.