H-2244              _______________________________________________

 

                                           SUBSTITUTE HOUSE BILL NO. 649

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By House Committee on Commerce & Labor (originally sponsored by Representatives Ballard, R. King, Wang and Padden)

 

 

Read first time 3/8/85 and passed to Committee on Rules.

 

 


AN ACT Relating to electricians and electrical installations; amending RCW 19.28.005 and 19.28.120; and adding new sections to chapter 19.28 RCW.

 

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

 

        Sec. 1.  Section 1, chapter 206, Laws of 1983 and RCW 19.28.005 are each amended to read as follows:

          The definitions in this section apply throughout this chapter.

          (1) "Administrator" means a person designated by an electrical contractor to supervise electrical work and electricians in accordance with the rules adopted under this chapter.

          (2) "Advisory board" means the electrical advisory board under RCW 19.28.065.

          (3) "Board of electrical examiners" means the board of electrical examiners under RCW 19.28.123.

          (4) "Chapter" means chapter 19.28 RCW.

          (5) "Department" means the department of labor and industries.

          (6) "Director" means the director of the department or the director's designee.

          (7) "Electrical construction trade" includes but is not limited to installing or maintaining electrical wires and equipment that are used for light, heat, or power.

          (8) "Electrical contractor" means a person, firm, partnership, corporation, or other entity that offers to undertake, undertakes, submits a bid for, or does the work of installing or maintaining wires or equipment that convey electrical current.

          (9) "Equipment" means any equipment or apparatus that directly uses, conducts, or is operated by electricity but does not mean plug-in household appliances.

          (10) "Journeyman electrician" means a person who has been issued a journeyman electrician certificate of competency by the department.

          (11) "Specialty electrician" means a person who has been issued a specialty electrician certificate of competency by the department.

          (12) "Landscape sprinkler specialty electrician" means a person who has been issued a landscape sprinkler specialty electrician certificate of competency by the department and who works with electrical wires and equipment which do not exceed thirty volts, one ampere, or thirty watts per circuit.

 

        Sec. 2.  Section 1, chapter 30, Laws of 1969 as last amended by section 5, chapter 206, Laws of 1983 and RCW 19.28.120 are each amended to read as follows:

          (1) It is unlawful for any person, firm, partnership, corporation, or other entity to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to the electrical industry, without having an unrevoked, unsuspended, and unexpired electrical contractor license, issued by the department in accordance with this chapter.  All electrical contractor licenses expire on the thirty-first day of December following the day of their issue.  Application for an electrical contractor license shall be made in writing to the department, accompanied by the required fee.  The application shall state the name and address of the applicant; in case of firms or partnerships, the names of the individuals composing the firm or partnership; in case of corporations, the names of the managing officials thereof; the location of the place of business of the applicant and the name under which the business is conducted; and whether a general or specialty electrical contractor license is sought and, if the latter, the type of specialty.  Electrical contractor specialties include, but are not limited to:  Residential, domestic appliances, pump and irrigation, landscape sprinkler, limited energy system, signs, and nonresidential maintenance.  A general electrical contractor license shall grant to the holder the right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electric current, and installing or maintaining equipment, or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current, in the state of Washington.  A specialty electrical contractor license shall grant to the holder a limited right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electrical current, and installing or maintaining equipment; or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current in the state of Washington as expressly allowed by the license.

          (2) The application for a contractor license shall be accompanied by a bond in the sum of three thousand dollars with the state of Washington named as obligee in the bond, with good and sufficient surety, to be approved by the department.  The bond shall at all times be kept in full force and effect, and any cancellation or revocation thereof, or withdrawal of the surety therefrom, suspends the license issued to the principal until a new bond has been filed and approved as provided in this section.  Upon approval of a bond, the department shall on the next business day deposit the fee accompanying the application in the electrical license fund and shall file the bond in the office.  The department shall upon request furnish to any person, firm, partnership, corporation, or other entity a certified copy of the bond upon the payment of a fee that the department shall set by rule.  The fee shall cover but not exceed the cost of furnishing the certified copy.  The bond shall be conditioned that in any installation or maintenance of wires or equipment to convey electrical current, and equipment to be operated by electrical current, the principal will comply with the provisions of this chapter and with any electrical ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(2) that is in effect at the time of entering into a contract.  The bond shall be conditioned further that the principal will pay for all labor, including employee benefits, and material furnished or used upon the work, taxes and contributions to the state of Washington, and all damages that may be sustained by any person, firm, partnership, corporation, or other entity due to a failure of the principal to make the installation or maintenance in accordance with this chapter or any applicable ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(2).  In lieu of the surety bond required by this section the license applicant may file with the department a cash deposit or other negotiable security acceptable to the department.  If the license applicant has filed a cash deposit, the department shall deposit the funds  in a special trust savings account in a commercial bank, mutual savings bank, or savings and loan association and shall pay annually to the depositor the interest derived from the account.

          (3) The department shall issue general or specialty electrical contractor licenses to applicants meeting all of the requirements of this chapter.  The provisions of this chapter relating to the licensing of any person, firm, partnership, corporation, or other entity including the requirement of a bond with the state of Washington named as obligee therein and the collection of a fee therefor, are exclusive, and no political subdivision of the state of Washington may require or issue any licenses or bonds or charge any fee for the same or a similar purpose.  No person, firm, partnership, corporation, or other entity holding more than one specialty contractor license under this chapter may be required to pay an annual fee for more than one such license or to post more than one three thousand dollar bond, equivalent cash deposit, or other negotiable security.

           (4) To obtain a general or specialty electrical contractor license the applicant must designate an individual who currently possesses an administrator's certificate as a general electrical contractor administrator or as a specialty electrical contractor administrator in the specialty for which application has been made.  Administrator certificate specialties include but are not limited to:  Residential, domestic, appliance, pump and irrigation, limited energy system, signs, and nonresidential maintenance.  To obtain an administrator's certificate an individual must pass an examination as set forth in RCW 19.28.123 unless the applicant was a licensed electrical contractor at any time during 1974.  Applicants who were electrical contractors licensed by the state of Washington at any time during 1974 are entitled to receive a general electrical contractor administrator's certificate without examination if the applicants apply prior to January 1, 1984.  The board of electrical examiners shall certify to the department the names of all persons who are entitled to either a general or specialty electrical contractor administrator's certificate.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 19.28 RCW to read as follows:

          (1) The department shall issue a landscape sprinkler specialty electrician license to a person who:  (a) Passes the examination administered by the department under this section; and (b) has at least one thousand hours of work experience in one calendar year in installing or maintaining landscape sprinkler systems.

          (2) The department shall develop and administer an examination for the landscape sprinkler specialty.  The examination shall be designed to establish a minimum level of competency and to assure basic knowledge of landscape sprinkler control systems.  To design the examination, the department shall solicit comments from the industry and the general public.

          (3) Persons with one calendar year of work experience of at least one thousand hours as trainees in installing or maintaining landscape sprinkler systems are eligible to take the examination.  The department shall issue trainee certificates upon application by persons working in installing or maintaining landscape sprinkler systems with the supervision of a landscape sprinkler specialty licensee.

          (4) Persons who are both:  (a) Landscape sprinkler specialty electrician licensees under this section; and (b) registered general contractors and bonded under chapter 18.27 RCW are exempted from the requirements of a bond under RCW 19.28.120, and an administrator under RCW 19.28.125.  Such persons may be exempted from inspections under RCW 19.28.210 for work on wires or equipment supplied by power sources up to thirty volts, one ampere or thirty watts, except that the department may inspect individual cases if necessary to protect public health or safety.  Except as otherwise stated in this section, a landscape sprinkler specialty license shall be treated as any other electrician specialty license under this chapter.

 

          NEW SECTION.  Sec. 4.  A new section is added to chapter 19.28 RCW to read as follows:

          Persons who establish by affidavit to the satisfaction of the department that they are residents of this state and are practicing landscape sprinkler installation or maintenance on the effective date of this act shall be issued a landscape sprinkler specialty electrician license by the department.  No examination shall be required of applicants to qualify for a license under this section.  Applications for a license under this section shall be considered by the department until the expiration of nine months after the effective date of this act.