BP BHEAD INT H

AN ACT Relating to enforcement of plumbing certificate of competency requirements; amending RCW 18.106.020, 18.106.180, and 18.106.270; adding a new section to chapter 18.106 RCW; repealing RCW 18.106.025; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 18.106 RCW to read as follows:

The department may enter into agreements with political subdivisions of the state regarding compliance inspections by the political subdivision to enforce this chapter. The political subdivision may be permitted, under the terms of the agreement, to submit declarations of noncompliance to the department for the department's enforcement under RCW 18.106.180.

Sec. 2. RCW 18.106.020 and 1983 c 124 s 4 are each amended to read as follows:

(1) No person may engage in or offer to engage in the trade of plumbing without having a journeyman certificate, or specialty certificate, temporary permit, or without being supervised by a person who has a journeyman certificate, specialty certificate, or temporary permit. No person may employ a person to engage in or offer to engage in the trade of plumbing unless the person employed has a journeyman certificate, specialty certificate, or temporary permit or is supervised by a person who has a journeyman certificate, specialty certificate, or temporary permit.

(2) Violation of subsection (1) of this section is an infraction. Each day in which a person engages in the trade of plumbing in violation of subsection (1) of this section or employs a person in violation of subsection (1) of this section is a separate infraction. Each worksite at which a person engages in the trade of plumbing in violation of subsection (1) of this section or at which a person is employed in violation of subsection (1) of this section is a separate infraction.

(3) Notices of infractions for violations of subsection (1) of this section may be issued to:

(a) The person engaging in or offering to engage in the trade of plumbing in violation of subsection (1) of this section;

(b) The employer of a person employed in violation of subsection (1) of this section; and

(c) The employer's supervisor who authorized the work assignment of the person employed in violation of subsection (1) of this section.

Sec. 3. RCW 18.106.180 and 1983 c 124 s 7 are each amended to read as follows:

An authorized representative of the department may issue a notice of infraction as specified in RCW 18.106.020(3) if a person who is doing plumbing work or who is offering to do plumbing work fails to produce evidence of having a certificate or permit issued by the department in accordance with this chapter or of being supervised by a person who has such a certificate or permit. A notice of infraction issued under this section shall be personally served on the person named in the notice by an authorized representative of the department.

Sec. 4. RCW 18.106.270 and 1983 c 124 s 16 are each amended to read as follows:

(1) A person found to have committed an infraction under RCW 18.106.020 shall be assessed a monetary penalty of ((~~one~~)) two hundred fifty dollars for the first infraction, and not more than one thousand dollars for a second or subsequent infraction. The department shall set by rule a schedule of penalties for infractions imposed under this chapter.

(2) The court may waive, reduce, or suspend the monetary penalty imposed for the infraction for good cause shown.

(3) Monetary penalties collected under this chapter shall be remitted as provided in chapter 3.62 RCW.

NEW SECTION. Sec. 5. RCW 18.106.025 and 1983 c 124 s 5 are each repealed.