Tough Week at the Statehouse
February 6, 2015
Two bills, (HB 1507) one that would jeopardize the health, safety, and welfare of Hoosiers, and another (SB 460) that would ban all nursing home construction in the state, passed out of their respective houses this past week. AIA Indiana was there working against both measures! The session is not scheduled to conclude until April 29 so you still have time to make a positive effect on the eventual outcome of these two harmful bills! Information regarding both bills, including talking points and contact information for your legislators, are detailed below. Your legislators need to hear from you. Use your clout and make an impact! HB 1507 - State building commissioner.HB 1507, authored by Rep. Heath VanNatter (R - Kokomo), eliminates the requirement the state building commissioner be a licensed architect or engineer. The bill is being pushed by the Indiana Builders Association (IBA - home builders). AIA Indiana is strongly opposed to HB 1507. The bill passed out of the House late Monday afternoon with a vote count of 63-33. CLICK HERE to see how your state representative voted on the bill. HB 1507 now moves on to the Senate for their consideration. AIA Indiana continues to work against this irresponsible and unnecessary proposal. HB 1507 TALKING POINTS *The state building commissioner is much more than just a state plan review staff management position. The commissioner has the authority and responsibility to make state building code interpretations, which have a significant impact on Indiana's built environment and the health, safety and welfare of Hoosiers. AIA Indiana believes the requirements proposed for the state building commissioner in HB 1507 should be the minimum level of requirements for the state plan reviewers who serve under the state building commissioner. *Architects and engineers design solutions for code compliance and their careers require constant interpretation of the code. A plan reviewer verifies code compliance. A contractor implements someone else's plan for compliance. The state building commissioner is not like other building officials...he or she must "design" interpretation. Those interpretations, in turn, become the code for Indiana. This is a very significant difference. The position is not a plan review position, and is very well suited, and most closely aligned, with the work that architects and engineers do every day. *If this bill were to pass, the requirements to be a local plan reviewer would be significantly higher than the state building commissioner. Why would the requirements to be the highest code official in the state be less than a local plan reviewer? *Current language in the bill would theoretically allow an individual with a bachelor's degree in construction management, 10 years' experience as a manager on home building projects, one who never opened a building code book, or had any Class 1 structure experience, be appointed state building commissioner. Appointing a non-architect/engineer as state building commissioner would be akin to appointing a paralegal to oversee all the attorneys. *The state building commissioner's oversight and focus of plan review is on Class 1 structures (i.e. libraries, university buildings and schools, hospitals, hotels, high rise buildings, etc.), not personal family residences (Class 2). 1 & 2 Family Dwellings are not subject to state plan review. *It is truly reckless for the state of Indiana to lower the level of qualification for its building commissioner, a position that requires the highest level of understanding in the realm of building design and safety. Architects and engineers are specially trained to understand the intricacies of structural design and life safety issues that distinguish them from other professions. If passed, HB 1507 would jeopardize the health, safety, and welfare of Hoosiers who work and visit those buildings every day. When is lowering standards ever a good thing, especially when it could impact the health, safety and welfare of Hoosiers! *HB 1507 equals bad public policy that will erode building code development and enforcement that has protected the health, safety and welfare of Hoosiers for many years. Please contact your state senator and ask them to oppose HB 1507. State Senate Phone - 800/382-9467 Email - http://iga.in.gov/legislative/2015/legislators/SB 460 - Comprehensive care health facilities. SB 460, authored by Sen. Pat Miller (R - Indianapolis), would ban all nursing home construction in the state for the next three years. Some nursing home operators are supporting a full moratorium on any new nursing bed licenses to limit competition in the market. Under the proposed bill, facilities that construct any nursing homes, including private pay and Medicare, would be restricted from doing so. Passage of this bill would decrease care options and have a negative economic impact on many Hoosier communities. SB 460 passed out of the Senate this past Tuesday with a vote count of 35-14. CLICK HERE to see how your state senator voted on the bill. SB 460 will now move to the House of Representative for their consideration. One piece of good news is SB 460 was amended on the Senate floor to delete very onerous language that would have prohibited the licensing of new comprehensive care facilities (nursing homes) that do not have a certificate of occupancy by Sept. 30, 2015. Essentially this would have meant all projects that were recently started or were in the planning stages could not have been finished! SB 460 TALKING POINTSA nursing home construction moratorium damages Indiana and harmfully restricts senior options. Some nursing home operators (not all) are fighting for a full moratorium on any new nursing facility licenses to limit competition in the market. Companies that develop, build, and operate new nursing homes with private pay and Medicare (not state-funded beds) would be restricted from doing so under this bill, creating a negative impact on communities and jobs in Indiana, and limiting senior choices. Competition creates better quality care, improvements in the physical building, and, potentially, lower cost of care. The senior health care industry is poised to provide thousands and thousands of jobs in Indiana, both construction and permanent good-paying jobs, including nursing, administration, occupational therapy, maintenance and chefs, and have a significant economic impact to local communities. Indiana cities and towns should decide whether a project is good for their community. The bill would prohibit those communities from determining if a new property project would be a good economic development opportunity. Existing properties are older and institutional. Most are out of date and not what the current and upcoming senior market desires. The newer properties are designed to satisfy the needs and desires of seniors, with amenities such as private rooms, private baths and ample social activities. The innovation currently being demanded cannot occur if a moratorium passes. Please contact your state representative and ask them to oppose SB 460. House of Representatives Phone - 800/382-9842 Email - http://iga.in.gov/legislative/2015/legislators/
CLICK HERE to view the full list of bills being followed by AIA Indiana. Your comments and input are welcome regarding any of the bills listed. Do not hesitate to contact AIA Indiana Executive Director Jason Shelley, [email protected], 317-634-6993, if you have questions or concerns regarding these or any other issues.
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Andy Hine, AIA testifying in committee.
(L-R) Luke Leising, AIA and Rep. Ed Delaney (D - Indianapolis)
