AN ACT Relating to refrigeration services; amending RCW 18.27.010; adding a new chapter to Title 18 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Air conditioning and refrigeration contractor" means a person who engages in the business of installation, alteration, repairing, planning, and engineering or superintendence of refrigeration equipment as defined in sections 2.48.3 and 2.48.4 of the American Standard Safety Code A.S.A. B9.1-1953 Standard.

(2) "Apprentice" or "trainee" means a person who is employed in installation, alteration, repair, servicing, or operation of refrigeration systems or equipment as an artisan, and who is registered and is working under the direct supervision of a licensed operating engineer, industrial engineer, refrigeration mechanic, or service shop mechanic.

(3) "Board" means the refrigeration advisory board created by this chapter.

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

(5) "Director" means the director of the department or the director's authorized representative.

(6) "Industrial refrigeration engineer" means a full-time employee who spends a substantial portion of time in the installation, addition to, repair, service, or operation of refrigeration systems in a building, or portion thereof, used for manufacturing, processing, or storage or materials or products, including but not limited to chemicals, food, candy, and ice cream factories, ice making plants, meat packing plants, refineries, perishable food warehouses, hotels, hospitals, restaurants, and similar occupancies and equipped with a refrigeration system, and whose duty is to install, add to, repair, service, and operate all of the employers' refrigeration systems and equipment.

(7) "Journeyman refrigeration mechanic" means a person engaged in the installation, repair, or servicing as an artisan, of any refrigeration system, equipment, or parts thereof.

(8) "Person" means any individual, firm, corporation, or association.

(9) "Recognized school of technology" means a school that is accredited by the commission for vocational education or its designee.

(10) "Refrigeration operating engineer" means a full-time employee who spends a substantial portion of time in the maintenance and operation of a refrigeration system in a building, or portion thereof, used for manufacturing, processing, or storage of materials or products, including among others, chemicals, food, candy, and ice cream factories, ice making plants, meat packing plants, refineries, perishable food warehouses, hotels, hospitals, restaurants, and similar occupancies and equipped with a refrigeration system, and whose duty is to operate, maintain, and keep in a safe and serviceable condition all of the employer's refrigeration systems and equipment.

(11) "Refrigeration service shop" means the business of a person engaged in rendering refrigeration service on refrigeration systems or machines having a standard rating of less than one-fourth horsepower or one-fourth ton refrigeration effect and containing less than six pounds of refrigerants and on approved self-contained systems of one horsepower and less.

(12) "Refrigeration service shop mechanic" means a person engaged in the installation, repair, and servicing, as an artisan, of any refrigeration system or machine having a standard rating of less than one-fourth horsepower or one-fourth ton refrigeration effect and containing less than six pounds of refrigerants and of approved self-contained systems of one horsepower and less.

(13) "Refrigeration and air conditioning services" means the work performed by industrial refrigeration engineers, journeymen refrigeration mechanics, refrigerating contractors, refrigeration operating engineers, refrigeration service shops, and refrigeration service shop mechanics that is subject to this chapter.

(14) "Refrigeration system" is a combination or inter-connected refrigerant-containing parts constituting one closed refrigerant circuit in which a refrigerant is circulated for the purpose of extracting heat and includes not only the direct system but also the "indirect system" as defined in section 4.3 of the American Standard Safety Code A.S.A. B9.1-1953 for Mechanical Refrigeration.

NEW SECTION. Sec. 2. (1) It is unlawful to engage in business as an air conditioning and refrigeration contractor or a refrigeration service shop, or to accept employment or be employed as a journeyman refrigeration mechanic, an industrial refrigeration engineer, a refrigeration service shop mechanic, or a refrigeration operating engineer, or to contract for or engage in the business of or be employed in installing, repairing, altering, or servicing any refrigeration system or equipment, except in accordance with this chapter.

(2) A welder may be allowed to weld on refrigeration installations and equipment without a certificate under the direct supervision of a certified journeyman refrigeration mechanic or certified industrial refrigeration engineer.

(3) An apprentice or trainee may engage in such work without a certificate as provided in this chapter.

(4) Violation of subsection (1) of this section is an infraction.

NEW SECTION. Sec. 3. (1) No person may engage in the trade of refrigeration and air conditioning services without having a journeyman certificate, specialty certificate, or a temporary permit, or without being 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.

NEW SECTION. Sec. 4. Each day in which a person engages in the trade of refrigeration and air conditioning services in violation of section 3 of this act is a separate infraction. Each work site at which a person engages in the trade of plumbing in violation of section 3 of this act is a separate infraction.

NEW SECTION. Sec. 5. Any person desiring to be issued a certificate of competency as provided in this chapter shall deliver evidence in a form prescribed by the department affirming that said person has had sufficient experience in as well as demonstrated general competency in the trade of refrigeration and air conditioning services so as to qualify that person to make an application for a certificate of competency as industrial refrigeration engineer, a journeyman refrigeration mechanic, a refrigeration operating engineer, or a refrigeration service shop mechanic: PROVIDED, That completion of a course of study in the refrigeration and air conditioning trade in the armed services of the United States or at a school accredited by the coordinating council on occupational education shall constitute sufficient evidence of experience and competency to enable such person to make application for a certificate of competency.

In addition to supplying the evidence as prescribed in this section, each applicant for a certificate of competency shall submit an application for such certificate on such form and in such manner as shall be prescribed by the director of the department.

NEW SECTION. Sec. 6. Upon receipt of the application and evidence set forth in section 5 of this act, the director shall review the same and make a determination as to whether the applicant is eligible to take an examination for the certificate of competency. To be eligible to take the examination each applicant for a journeyman refrigeration mechanic's certificate of competency shall furnish written evidence that the applicant has either completed a course of study in the refrigeration and air conditioning services trade in the armed services of the United States or at a school accredited by the commission for vocational education or its designee; or that the applicant has four or more years of experience under the direct supervision of a licensed journeyman refrigeration mechanic. The refrigeration advisory board shall establish eligibility requirements for applicants for industrial refrigeration engineers, refrigeration operating engineers, and refrigeration service shop mechanics. No other requirements for eligibility may be imposed. The director shall establish reasonable rules and regulations for the examinations to be given applicants for certificates of competency. In establishing said rules, regulations, and criteria, the director shall consult with the refrigeration advisory board established in section 12 of this act. Upon determination that the applicant is eligible to take the examination, the director shall so notify the applicant, indicating the time and place for taking the same.

NEW SECTION. Sec. 7. The department, with the advice of the board, shall prepare a written examination to be administered to applicants for certificates of competency for industrial refrigeration engineer, journeyman refrigeration mechanic, refrigeration operating engineer, or refrigeration service shop mechanic. The examination shall be constructed to determine:

(1) Whether the applicant possesses varied general knowledge of the technical information and practical procedures that are identified with the trade of refrigeration and air conditioning services; and

(2) Whether the applicant is familiar with the applicable refrigeration and air conditioning codes and the administrative rules of the department pertaining to refrigeration and air conditioning services.

The department shall administer the examination to eligible persons. All applicants shall, before taking the examination, pay a fee to the department.

The department shall certify the results of the examination, and shall notify the applicant in writing whether he or she has passed or failed. Any applicant who has failed the examination may retake the examination upon the terms and after a period of time that the director shall set by rule. The director may not limit the number of times that a person may take the examination.

NEW SECTION. Sec. 8. (1) The department shall issue a certificate of competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance. The certificate shall be renewable every other year, upon application, on or before the birthdate of the holder. A renewal fee shall be assessed for each certificate. If a person fails to renew the certificate by the renewal date, he or she must pay a doubled fee. If the person does not renew the certificate within ninety days of the renewal date, he or she must retake the examination and pay the examination fee.

The certificate of competency and the temporary permit provided for in this chapter grant the holder the right to engage in the work of refrigeration and air conditioning services as specified in the certificate or temporary permit in accordance with the provisions of the certificate or temporary permit throughout the state and within any of its political subdivisions on any job or any employment without additional proof of competency or any other license or permit or fee to engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists.

(2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the refrigeration and air conditioning services trade or who is learning the refrigeration and air conditioning services trade may work in the refrigeration and air conditioning services trade if supervised by a person certified under this chapter with the same certification as the apprentice's or trainee's specialty. All apprentices, trainees, and individuals learning the refrigeration and air conditioning services trade shall obtain a refrigeration and air conditioning services training certificate from the department. The certificate shall authorize the holder to learn the refrigeration and air conditioning services trade while under the direct supervision of a person certified under this chapter working in his or her specialty. The holder of the refrigeration and air conditioning services training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the refrigeration and air conditioning industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices, trainees, and individuals learning the refrigeration and air conditioning services trade shall have their refrigeration and air conditioning services training certificates in their possession at all times that they are performing refrigeration and air conditioning services work. They shall show their certificates to an authorized representative of the department at the representative's request.

(3) Any person who has been issued a refrigeration and air conditioning services training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a person certified under this chapter who has an applicable certificate of competency issued under this chapter. A person certified under this chapter shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified persons working on a job site shall be not more than one noncertified individual working on any one job site for every certified person.

An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a technical school program in the refrigeration and air conditioning services trade in a school approved by the commission for vocational education, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.

NEW SECTION. Sec. 9. No examination may be required of any applicant for a certificate of competency who, on the effective date of this act, was engaged in a bona fide business or trade of refrigeration and air conditioning services, or on said date held a valid industrial refrigeration engineer's, journeyman refrigeration mechanic's, refrigeration operating engineer's, or refrigeration service shop mechanic's license or certificate issued by a political subdivision of the state of Washington and whose license or certificate is valid at the time of making his application for said certificate. Applicants qualifying under this section shall be issued a certificate by the department upon making an application as provided in section 5 of this act and paying the fee required under section 7 of this act: PROVIDED, That no applicant under this section shall be required to furnish such evidence as required by section 5 of this act.

NEW SECTION. Sec. 10. The department is authorized to grant and issue temporary permits in lieu of certificates of competency whenever an industrial refrigeration engineer, a journeyman refrigeration mechanic, a refrigeration operating engineer, or a refrigeration service shop mechanic coming into the state of Washington from another state requests the department for a temporary permit to engage in the trade of refrigeration and air conditioning services during the period of time between filing of an application for a certificate as provided in section 5 of this act and taking the examination provided for in section 7 of this act: PROVIDED, That no temporary permit shall be issued to:

(1) Any person who has failed to pass the examination for a certificate of competency;

(2) Any applicant under this section who has not furnished the department with such evidence required under section 5 of this act;

(3) To any apprentice or trainee.

NEW SECTION. Sec. 11. (1) The department may revoke any certificate of competency upon the following grounds:

(a) The certificate was obtained through error or fraud;

(b) The holder thereof is judged to be incompetent to carry on the trade of refrigeration and air conditioning services as certified;

(2) Before any certificate of competency shall be revoked, the holder thereof shall be given written notice of the department's intention to do so, mailed by registered mail, return receipt requested, to said holder's last known address. Said notice shall enumerate the allegations against such holder, and shall give the holder the opportunity to request a hearing before the board. At such hearing, the department and the holder shall have opportunity to produce witnesses and give testimony. The hearing shall be conducted in accordance with chapter 34.04 RCW. The board shall render its decision based upon the testimony and evidence presented, and shall notify the parties immediately upon reaching its decision. A majority of the board shall be necessary to render a decision.

NEW SECTION. Sec. 12. (1) There is created a refrigeration advisory board, to be composed of three members appointed by the governor. One member shall be a journeyman refrigeration mechanic, one member shall be a person conducting a refrigeration and air conditioning business, and one member shall be a person from the general public who is familiar with the business and trade of refrigeration and air conditioning services.

(2) The initial terms of the members of the board shall be one, two, and three years respectively as set forth in subsection (1) of this section. Upon the expiration of said terms, the governor shall appoint a new member to serve for a period of three years. In the case of any vacancy on the board for any reason, the governor shall appoint a new member to serve out the term of the person whose position has become vacant.

(3) The board shall carry out all the functions and duties enumerated in this chapter, as well as generally advise the department on all matters relative to this chapter.

(4) Each member of the board shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060 for each day in which such member is actually engaged in attendance upon the meetings of the board.

NEW SECTION. Sec. 13. The department shall charge fees for issuance, renewal, and reinstatement of all certificates and permits and for examinations required by this chapter. The department shall set the fees by rule.

The fees shall cover the full cost of issuing the certificates and permits, devising and administering the examinations, and administering and enforcing this chapter. The costs shall include travel, per diem, and administrative support costs.

NEW SECTION. Sec. 14. All moneys received from certificates, permits, or other sources, shall be paid to the state treasurer as ex officio custodian thereof and placed by the treasurer in a special fund designated as the "refrigeration and air conditioning services certificate fund." The state treasurer shall pay out upon vouchers duly and regularly issued therefor and approved by the director. The treasurer shall keep an accurate record of payments into said fund, and of all disbursement therefrom. Said fund shall be charged with its pro rata share of the cost of administering said fund.

NEW SECTION. Sec. 15. The director may promulgate rules, make specific decisions, orders, and rulings, including therein demands and findings, and take other necessary action for the implementation and enforcement of this chapter: PROVIDED, That in the administration of this chapter the director shall not enter any controversy arising over work assignments with respect to the trades involved in the construction industry.

NEW SECTION. Sec. 16. Nothing in this chapter may be construed to require that a person obtain a license or a certificate in order to do refrigeration and air conditioning work at his or her residence or farm or place of business or on other property owned by him. Any person performing refrigeration or air conditioning work on a farm may do so without having a current certificate of competency or apprentice permit: PROVIDED, HOWEVER, That nothing in this chapter is intended to derogate from or dispense with the requirements of any valid refrigeration or air conditioning code enacted by a political subdivision of the state, except that a code shall not require the holder of a certificate of competency to demonstrate any additional proof of competency or obtain any other license or pay any fee in order to engage in the trade of refrigeration and air conditioning services: AND PROVIDED FURTHER, That this chapter shall not apply to common carriers subject to Part I of the Interstate Commerce Act, nor to their officers and employees: AND PROVIDED FURTHER, That nothing in this chapter may be construed to apply to any farm, business, industrial plant, or corporation doing refrigeration or air conditioning work on premises it owns or operates: AND PROVIDED FURTHER, That nothing in this chapter may be construed to restrict the right of any householder to assist or receive assistance from a friend, neighbor, relative, or other person when none of the individuals doing such refrigeration or air conditioning services hold themselves out as engaged in the trade or business of refrigeration and air conditioning services.

NEW SECTION. Sec. 17. The director may, upon payment of the appropriate fees, grant a certificate of competency without examination to any applicant who is a registered industrial refrigeration engineer, journeyman refrigeration mechanic, refrigeration operating engineer, or refrigeration service shop mechanic in any other state whose requirements for registration are at least substantially equivalent to the requirements of this state, and which extends the same privileges of reciprocity to industrial refrigeration engineer, journeyman refrigeration mechanic, refrigeration operating engineer, or refrigeration service shop mechanic registered in this state.

NEW SECTION. Sec. 18. An authorized representative of the department may investigate alleged or apparent violations of this chapter. An authorized representative of the department upon presentation of credentials may inspect sites at which a person is doing refrigeration and air conditioning services work for the purpose of determining whether that person has a certificate or permit issued by the department in accordance with this chapter or is supervised by a person who has such a certificate or permit. Upon request of the authorized representative of the department, a person doing refrigeration and air conditioning services work shall produce evidence that the person has a certificate or permit issued by the department in accordance with this chapter or is supervised by a person who has such a certificate or permit.

NEW SECTION. Sec. 19. An authorized representative of the department may issue a notice of infraction if a person who is doing refrigeration and air conditioning services 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.

NEW SECTION. Sec. 20. (1) The form of the notice of infraction issued under this chapter shall be prescribed by the supreme court following consultation with the department. To the extent practicable, the notice of infraction issued under this chapter shall conform to the notice of traffic infraction prescribed by the supreme court pursuant to RCW 46.63.060.

(2) The notice of infraction shall include the following:

(a) A statement that the notice represents a determination that the infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;

(b) A statement that the infraction is a noncriminal offense for which imprisonment shall not be imposed as a sanction;

(d) A statement that a one hundred dollar monetary penalty has been established for the infraction;

(e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;

(f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses, including the authorized representative of the department who issued and served the notice of infraction;

(g) A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter;

(h) A statement that refusal to sign the infraction as directed in subsection (2)(g) of this section is a misdemeanor; and

(i) A statement that failure to respond to a notice of infraction as promised is a misdemeanor and may be punished by a fine or imprisonment in jail.

NEW SECTION. Sec. 21. A violation designated as an infraction under this chapter shall be heard and determined by a district court. A notice of infraction shall be filed in the district court district in which the infraction is alleged to have occurred. If a notice of infraction is filed in a court which is not the proper venue, the notice shall be dismissed without prejudice on motion of either party.

NEW SECTION. Sec. 22. Unless contested in accordance with this chapter, the notice of infraction represents a determination that the person to whom the notice was issued committed the infraction.

NEW SECTION. Sec. 23. (1) A person who receives a notice of infraction shall respond to the notice as provided in this section within fourteen days of the date the notice was served.

(2) If the person named in the notice of infraction does not wish to contest the determination, the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department.

(3) If the person named in the notice of infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than fourteen days from the date of the notice, except by agreement of the parties.

(4) If any person issued a notice of infraction:

(a) Fails to respond to the notice of infraction as provided in subsection (2) of this section; or

(b) Fails to appear at a hearing requested pursuant to subsection (3) of this section;

the court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction and shall notify the department of the failure to respond to the notice of infraction or to appear at a requested hearing.

(5) An order entered by the court under subsection (4)(b) of this section may, for good cause shown and upon such terms as the court deems just, be set aside for the same grounds a default judgment may be set aside in civil actions in courts of limited jurisdiction.

NEW SECTION. Sec. 24. It is a misdemeanor for any person who has been personally served with a notice of infraction:

(1) To refuse to sign a written promise to respond to the notice; or

(2) To violate wilfully the written promise to respond to a notice of infraction as provided in this chapter, regardless of the ultimate disposition of the infraction.

NEW SECTION. Sec. 25. A person subject to proceedings under this chapter may appear or be represented by counsel. The department shall be represented by the attorney general in any proceeding under this chapter.

NEW SECTION. Sec. 26. (1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury.

(2) The court may consider the notice of infraction and any other written report made under oath submitted by the department's authorized representative who issued and served the notice in lieu of his or her personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the authorized representative who issued and served the notice, and has the right to present evidence and examine witnesses present in court.

(3) The burden of proof is on the department to establish the commission of the infraction by a preponderance of the evidence. The notice of infraction shall be dismissed if the defendant establishes that, at the time the notice was issued, the defendant was registered by the department or was exempt from registration.

(4) After consideration of the evidence and argument, the court shall determine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the court's records. If it has been established that the infraction was committed, an appropriate order shall be entered in the court's records. A record of the court's determination and order shall be furnished to the department.

(5) An appeal from the court's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure.

NEW SECTION. Sec. 27. The court shall, within thirty days after entry of an order under this chapter, forward a record of the court's order to the department on a form prescribed by the department.

NEW SECTION. Sec. 28. (1) A person found to have committed an infraction under section 4 of this act shall be assessed a monetary penalty of one hundred dollars.

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

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

Sec. 29. Section 1, chapter 77, Laws of 1963 as last amended by section 1, chapter 153, Laws of 1973 1st ex. sess. and RCW 18.17.010 are each amended to read as follows:

A "contractor" as used in this chapter is any person, firm or corporation who or which, in the pursuit of an independent business undertakes to, or offers to undertake, or submits a bid to, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish, for another, any building, highway, road, railroad, excavation or other structure, project, development, or improvement attached to real estate or to do any part thereof including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works in connection therewith or who installs or repairs roofing or siding, or who is engaged in refrigeration and air conditioning services; or, who, to do similar work upon his own property, employs members of more than one trade upon a single job or project or under a single building permit except as otherwise provided herein. A "general contractor" is a contractor whose business operations require the use of more than two unrelated building trades or crafts whose work the contractor shall superintend or do in whole or in part; the term "general contractor" shall not include an individual who does all work personally without employees or other "specialty contractors" as defined herein. The terms "general contractor" and "builder" are synonymous. A "specialty contractor" is a contractor whose operations as such do not fall within the foregoing definition of "general contractor".

"Department" as used in this chapter means the department of labor and industries.

"Director" as used in this chapter means the director of the department of labor and industries.

NEW SECTION. Sec. 30. Sections 1 through 28 of this act shall constitute a new chapter in Title 18 RCW.