NYS Code Council Testimony
Comments to the NYS State Fire
Prevention and Building Code Council Meeting
Provided by Kevin S. King,
Executive Vice President
Presented December 11, 2002
The Council, its many technical committees, and Department of State have
done a tremendous job of revamping the code. The new changes offer the
prospects of simplicity and reduced costs. We strongly support these changes
and thank the Council for its work.
We find that we must ask the Council for its urgent and immediate
attention to one particular issue. That is the provisions of the new Code
that require grade stamping or certification of lumber.
The nature of the forest products businesses in New York are that they
are largely small in size, often family operations. Our forest resource is
dominated by hardwood trees and we largely produce hardwood lumber. However,
rough cut softwood lumber is an important niche market for many sawmills and
others do a significant business in custom cutting for local residents and
businesses.
Lumber grading is a visual inspection that basically looks at the amount
of knots, pitch and splitting with the lumber. For structural construction a
simple sort or grade that determines a board’s soundness is largely
sufficient.
Larger scale operations have instituted grade stamping as a way to assure
quality controls in mass production. Our small scale operations are largely
custom cutting that by its nature has a higher degree of handling and
attention to the quality of the board. As such grade stamping in these
businesses is not of great necessity.
We are asking the Council to consider a proposal that will reinstate
language that previously existed in the Code and was adopted by the Council
in 1986.
What are the impacts?
Small Sawmills – The implications of this change are that several hundred
small sawmill operators from around the state will loose access to local
markets for rough sawn lumber. These mills will face serious difficulties in
looking for alternative markets or becoming certified through a grading
agency. There is a strong likelihood that this will result in job losses and
economic displacement in many of our rural communities.
Consumers – At the same time the change will impact the consumer by
limiting access to true dimensional lumber and custom cut lumber. This
material is unique and will competes with retail (grade stamped lumber) but
also fills a very specific niche. Rough sawn lumber is frequently available
at significantly lower costs to the consumer. For certain applications it
can provide significant cost savings.
Loggers and Forest Landowners – The loss of markets for hemlock and pine
is adding to the challenges that these people are facing right now. Log
markets are weak due to the economic downturn and extensive consolidation
that has gone on in the forest products industry.
Is NY unique from other states?
The provisions for grade stamped lumber in the Model Code is not a flaw
in the code but rather a generic standard that needs some tailoring to
reflect the lumber business and local, rural economies of our Northeastern
States.
New York and the Northeast is different from the rest of the country with
respect to our forest resource and subsequently the nature of our wood
products businesses. Other Northeastern states have developed "local use"
laws that recognize this difference. I believe New Hampshires law is
included in your packet. It is our understanding that a number of the other
Northeastern States have long standing legislative exemptions. It is my
understanding that Pennsylvania is currently implementing the model code and
is also considering a legislative exemption from the grade stamp
requirements.
Introductions
There are a number of people who have traveled here today, some from long
distances. Let me take a minute to introduce them to you.
Ed and Jean Nelson, Timber Harvester, Inc. produces portable sawmills and
sawmill machinery for sawmills, in Waterloo/Geneva, NY. They are in the
process of passing the business on to the next generation of Nelsons
Rudy Stempel and Daughter– Owner/Operator of Stempel Family Sawmill in
Bern, NY
Carl Cote – 2nd Generation Owner/Operator of Cote Wood
Products in Groton, NY near Cortland
Don Neuroth – whole tree chipping and small sawmill that has discontinued
operations due to these changes from Harrisville, NY in St. Lawrence County
Charlie Tallman – President of NYS Timber Producers, wife and him operate
a small sawmill, drying and planing operation, near Watertown, NY
Sloan Crawford – Wood Utilization and Marketing Specialist with NYS DEC
These folks can speak about the impacts of the proposal and offer any
technical expertise that may be necessary to help address questions in your
deliberations.
Closing
The proposal you have before you will reinstate the "local option" that
the Council approved previously in 1986. This provides for a safe
alternative that accommodates the needs of these small businesses and rural
committees. It involves the local code enforcement officer and provides
consumers with both information and low cost building materials.
This proposal is presented as a starting point for your discussions. I
believe the Council has some options to consider and there is room for some
creativity. We respectfully urge your support for this proposal.
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