AN ACT Relating to electricians and electrical installations; amending RCW 19.28.005, 19.28.010, 19.28.015, 19.28.060, 19.28.070, 19.28.123, 19.28.190, 19.28.210, 19.28.250, 19.28.260, 19.28.300, 19.28.330, 19.28.340, 19.28.360, 19.28.540, and 36.32.125; adding a new section to chapter 19.28 RCW; creating a new section; repealing RCW 19.28.065; and providing an effective date.

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)~~)) (3) "Chapter" means chapter 19.28 RCW.

(4) "Council" means the state building code council under RCW 19.27.070.

(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.

Sec. 2. Section 1, chapter 169, Laws of 1935 as last amended by section 2, chapter 206, Laws of 1983 and RCW 19.28.010 are each amended to read as follows:

(1) All wires and equipment, and installations thereof, that convey electric current and installations of equipment to be operated by electric current, in, on, or about buildings or structures, except for telephone, telegraph, radio, and television wires and equipment, and television antenna installations, signal strength amplifiers, and coaxial installations pertaining thereto shall be in strict conformity with this chapter, the statutes of the state of Washington, and the rules issued by the ((~~department~~)) council, and shall be in conformity with approved methods of construction for safety to life and property. All wires and equipment that fall within section 90.2(b)(5) of the National Electrical Code, 1981 edition, are exempt from the requirements of this chapter. The regulations and articles in the National Electrical Code, as approved by the American Standards Association, and in the national electrical safety code, as approved by the American Standards Association, and other installation and safety regulations approved by the American Standards Association, as modified or supplemented by rules issued by the ((~~department~~)) council in furtherance of safety to life and property under authority hereby granted, shall be prima facie evidence of the approved methods of construction. All materials, devices, appliances, and equipment used in such installations shall be of a type that conforms to applicable standards or be indicated as acceptable by the established standards of the Underwriters' Laboratories, Inc. or other equivalently national recognized authorities.

(2) This chapter shall not limit the authority or power of any city or town to enact and enforce under authority given by law, any ordinance, rule, or regulation requiring an equal, higher, or better standard of construction and an equal, higher, or better standard of materials, devices, appliances, and equipment than that required by this chapter. In a city or town having an equal, higher, or better standard the installations, materials, devices, appliances, and equipment shall be in accordance with the ordinance, rule, or regulation of the city or town.

(3) Nothing in this chapter may be construed as permitting the connection of any conductor of any electric circuit with a pipe that is connected with or designed to be connected with a waterworks piping system, without the consent of the person or persons legally responsible for the operation and maintenance of the waterworks piping system.

Sec. 3. Section 3, chapter 206, Laws of 1983 and RCW 19.28.015 are each amended to read as follows:

Disputes arising under RCW 19.28.010(2) regarding whether the city or town's electrical rules, regulations, or ordinances are equal to the rules adopted by the ((~~department~~)) council shall be resolved by arbitration. The ((~~department~~)) council shall appoint two ((~~members of the advisory board~~)) persons to serve on the arbitration panel, and the city or town shall appoint two persons to serve on the arbitration panel. These four persons shall choose a fifth person to serve. If the four persons cannot agree on a fifth person, the presiding judge of the superior court of the county in which the city or town is located shall choose a fifth person. A decision of the arbitration panel may be appealed to the superior court of the county in which the city or town is located within thirty days after the date the panel issues its final decision.

Sec. 4. Section 10, chapter 169, Laws of 1935 as last amended by section 4, chapter 206, Laws of 1983 and RCW 19.28.060 are each amended to read as follows:

Prior to ((~~January~~)) December 1st of each year, the ((~~director~~)) council shall obtain an authentic copy of the national electrical code as approved by the American Standards Association, and an authentic copy of any applicable regulations and standards of the Underwriters' Laboratories, Inc., or other nationally recognized testing laboratory prescribing rules, regulations, and standards for electrical materials, devices, appliances, and equipment, including any modifications and changes that have been made during the previous year in the rules, regulations, and standards. The ((~~department, after consulting with the advisory board and receiving the board's~~)) council shall cause all pertinent data to be reviewed by an advisory body and, after receipt of its recommendations, the council shall adopt reasonable rules ((~~in furtherance of safety to life and property~~)) so as to maintain the electrical code in a status consistent with the state's interest. These rules shall be adopted prior to December 1 of any year and shall not take effect before the end of the regular legislative session in the next year.

All rules shall be kept on file by the ((~~department~~)) council. Compliance with the rules shall be prima facie evidence of compliance with this chapter. The ((~~department~~)) council upon request shall deliver to all persons, firms, partnerships, corporations, or other entities licensed under this chapter a copy of the rules.

Sec. 5. Section 3, chapter 169, Laws of 1935 as last amended by section 61, chapter 34, Laws of 1975-'76 2nd ex. sess. and RCW 19.28.070 are each amended to read as follows:

The ((~~director of labor and industries of the state of Washington and the~~)) officials of all incorporated cities and towns where electrical inspections are required by local ordinances and the officials of all counties shall have power and it shall be their duty to enforce the provisions of this chapter in their respective jurisdictions. Counties may perform this duty by interlocal agreements under chapter 39.34 RCW. The ((~~director of labor and industries~~)) board of county commissioners shall have power to appoint an electrical inspector, and such assistant inspectors as ((he)) it shall deem necessary to assist ((~~him~~)) the inspector in the performance of ((~~his~~)) the inspector's duties. All electrical inspectors appointed by the ((~~director of labor and industries~~)) board of county commissioners shall be electricians of not less than four years experience in installing and maintaining electrical equipment, or four years experience as electrical inspectors for a municipality, or two years electrical training in a college of electrical engineering of recognized standing, and two years continuous practical electrical experience in installation work or four years of electrical training in a college of electrical engineering of recognized standing. Such ((~~state~~)) county inspectors shall be paid such salary as the ((~~director of labor and industries~~)) board of county commissioners shall determine, together with their travel expenses in accordance with ((RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. The expenses of the director of labor and industries and the salaries and expenses of state inspectors incurred in carrying out the provisions of this chapter shall be paid entirely out of the electrical license fund, upon vouchers approved by the director of labor and industries)) adopted county policy.

Sec. 6. Section 2, chapter 188, Laws of 1974 ex. sess. as last amended by section 57, chapter 287, Laws of 1984 and RCW 19.28.123 are each amended to read as follows:

There is hereby created a board of electrical examiners consisting of nine members to be appointed by the governor. It shall be the purpose and function of this board to establish, in addition to a general electrical contractors' license, such classifications of specialty electrical contractors' licenses as it deems appropriate with regard to individual sections pertaining to state adopted codes in chapter 19.28 RCW. In addition, it shall be the purpose and function of this board to establish ((~~and administer~~)) written examinations for general electrical contractors' qualifying certificates and the various specialty electrical contractors' qualifying certificates. Examinations shall be designed to reasonably insure that general and specialty electrical contractor's qualifying certificate holders are competent to engage in and supervise the work covered by this statute and their respective licenses. The examinations shall include questions from the following categories to assure proper safety and protection for the general public: (1) Safety, (2) state electrical code, and (3) electrical theory. ((It shall be the further purpose and function of this board to advise the director as to the need of additional electrical inspectors and compliance officers to be utilized by the director on either a full-time or part-time employment basis.)) The examinations shall be administered by the state building code council or an agency of government under contract with the council. Meetings of the board shall be held quarterly on the first Monday of February, May, August, and November of each year. Each member of the board shall be compensated in accordance with RCW 43.03.240, and each member shall also receive travel expenses as provided in RCW 43.03.050 and 43.03.060, which shall be paid out of the electrical license fund, upon vouchers approved by the ((~~director of labor and industries~~)) council.

Sec. 7. Section 6, chapter 169, Laws of 1935 and RCW 19.28.190 are each amended to read as follows:

No person, firm or corporation engaging in, conducting or carrying on the business of installing wires or equipment to convey electric current, or installing apparatus to be operated by said current, shall be entitled to commence or maintain any suit or action in any court of this state pertaining to any such work or business, without alleging and proving that such person, firm or corporation held, at the time of commencing and performing such work, an unexpired, unrevoked and unsuspended license issued under the provisions of this chapter; and no county or city or town requiring by ordinance or regulation a permit before any such electrical work is installed, shall issue such permit to any person, firm or corporation not holding such license.

Sec. 8. Section 8, chapter 169, Laws of 1935 as last amended by section 7, chapter 206, Laws of 1983 and RCW 19.28.210 are each amended to read as follows:

The ((~~director~~)) county shall cause an inspector to inspect all wiring, appliances, devices, and equipment to which this chapter applies. Nothing contained in this chapter may be construed as providing any authority for any subdivision of government to adopt by ordinance any provisions contained or provided for in this chapter except those pertaining to cities and towns pursuant to RCW 19.28.010(2). Upon request, electrical inspections will be made ((~~by the department~~)) within forty-eight hours, excluding holidays, Saturdays, and Sundays. If, upon written request, the electrical inspector fails to make an electrical inspection within twenty-four hours, the serving utility may immediately connect electrical power to the installation if the necessary electrical work permit is displayed. Whenever the installation of any wiring, device, appliance, or equipment is not in accordance with this chapter, or is in such a condition as to be dangerous to life or property, the person, firm, partnership, corporation, or other entity owning, using, or operating it shall be notified by the ((~~department~~)) county inspector and shall within fifteen days, or such further reasonable time as may upon request be granted, make such repairs and changes as are required to remove the danger to life or property and to make it conform to this chapter. The ((~~director~~)) county, through the inspector, is hereby empowered to disconnect or order the discontinuance of electrical service to conductors or equipment that are found to be in a dangerous or unsafe condition and not in accordance with this chapter. Upon making a disconnection the inspector shall attach a notice stating that the conductors have been found dangerous to life or property and are not in accordance with this chapter. It is unlawful for any person to reconnect such defective conductors or equipment without the approval of the ((~~department~~)) county, and until the conductors and equipment have been placed in a safe and secure condition, and in a condition that complies with this chapter. The ((~~director, through the~~)) electrical inspector((,)) representing the county has the right during reasonable hours to enter into and upon any building or premises in the discharge of his or her official duties for the purpose of making any inspection or test of the installation of new construction or altered electrical wiring, electrical devices, equipment, or material contained in or on the buildings or premises. No electrical wiring or equipment subject to this chapter may be concealed until it has been approved by the inspector making the inspection. Persons, firms, partnerships, corporations, or other entities making electrical installations shall obtain inspection and approval from ((~~an authorized representative of the department~~)) the county inspector as required by this chapter before requesting the electric utility to connect to the installations. Electric utilities may connect to the installations if approval is clearly indicated by certification of the electrical work permit required to be affixed to each installation or by equivalent means, except that increased or relocated services may be reconnected immediately at the discretion of the utility before approval if an electrical work permit is displayed. The permits shall be furnished upon payment of the fee to the ((~~department~~)) county. The ((~~director, subject to the recommendations and approval of the advisory board, shall set~~)) council shall adopt by rule a schedule of license and electrical work permit fees that will cover the costs of administration and enforcement of this chapter. The rules shall be adopted in accordance with the administrative procedure act, chapter 34.04 RCW. No fee may be charged for plug-in mobile homes, recreational vehicles, or portable appliances.

Sec. 9. Section 9, chapter 169, Laws of 1935 as amended by section 8, chapter 206, Laws of 1983 and RCW 19.28.250 are each amended to read as follows:

If any inspection made under this chapter requires any correction or change in the work inspected, a written report of the inspection shall be made by the inspector, in which report the corrections or changes required shall be plainly stated. A copy of the report shall be furnished to the person, firm, partnership, corporation, or other entity doing the installation work, and a copy shall be filed with the ((~~department~~)) county.

Sec. 10. Section 2, chapter 169, Laws of 1935 as amended by section 9, chapter 206, Laws of 1983 and RCW 19.28.260 are each amended to read as follows:

It is unlawful for any person, firm, partnership, corporation, or other entity to install or maintain any electrical wiring, appliances, devices, or equipment not in accordance with this chapter. In cases where the interpretation and application of the installation or maintenance standards prescribed in this chapter is in dispute or in doubt, the ((~~advisory board~~)) council shall, upon application of any interested person, firm, partnership, corporation, or other entity, determine the methods of installation or maintenance or the materials, devices, appliances, or equipment to be used in the particular case submitted for its decision.

Sec. 11. Section 13, chapter 169, Laws of 1935 as amended by section 10, chapter 206, Laws of 1983 and RCW 19.28.300 are each amended to read as follows:

Any person, firm, partnership, corporation, or other entity desiring a decision of the ((~~advisory board~~)) council pursuant to RCW 19.28.260 shall, in writing, notify the ((~~director~~)) council of such desire and shall accompany the notice with a certified check payable to the ((~~department~~)) council in the sum ((~~of two hundred dollars~~)) fixed by the council. The notice shall specify the ruling or interpretation desired and the contention of the person, firm, partnership, corporation, or other entity as to the proper interpretation or application on the question on which a decision is desired. If the ((~~advisory board~~)) council determines that the contention of the applicant for a decision was proper, the ((~~two hundred dollars~~)) sum shall be returned to the applicant; otherwise it shall be used in paying the expenses ((~~and per diem of the members~~)) of the ((~~advisory board~~)) council in connection with the matter. Any portion of the ((~~two hundred dollars~~)) sum not used in paying ((~~the per diem and~~)) expenses ((~~of the board in the case~~)) shall be paid into the electrical license fund.

Sec. 12. Section 18, chapter 169, Laws of 1935 as amended by section 1, chapter 67, Laws of 1979 ex. sess. and RCW 19.28.330 are each amended to read as follows:

All sums received from licenses, permit fees, or other sources((~~, herein~~)) under this chapter shall be paid to the state treasurer and placed in a special fund designated as the (("))electrical license fund((," and by him paid out upon vouchers duly and regularly issued therefor and approved by the director of labor and industries or the director's designee following determination by the board of electrical examiners that the sums are necessary to accomplish the intent of chapter 19.28 RCW. The treasurer shall keep an accurate record of payments into, or receipts of, said fund, and of all disbursements therefrom)). The fund shall be subject to legislative appropriation to the state building code council for use in carrying out its responsibilities under this chapter.

Sec. 13. Section 16, chapter 169, Laws of 1935 and RCW 19.28.340 are each amended to read as follows:

Nothing contained in this chapter will be construed to relieve from or lessen the responsibility or liability of any person for injury or damage to person or property caused by or resulting from any defect of any nature in any electrical work performed by said person or in any electrical equipment owned, controlled, installed, operated or used by him; nor shall the ((~~state of Washington~~)) county, or any officer, agent, or employee thereof incur or be held as assuming any liability by reason or in consequence of any permission, certificate of inspection, inspection or approval authorized herein, or issued or given as herein provided, or by reason of consequence of any things done or acts performed pursuant to any provision of this chapter.

Sec. 14. Section 3, chapter 325, Laws of 1959 as last amended by section 1, chapter 97, Laws of 1967 ex. sess. and RCW 19.28.360 are each amended to read as follows:

The provisions of RCW 19.28.210 shall not apply:

(1) Within the corporate limits of any incorporated city or town which has heretofore adopted and enforced or subsequently adopts and enforces an ordinance requiring an equal, higher or better standard of construction and of materials, devices, appliances and equipment than is required by this chapter: PROVIDED, That such city or town shall require that its electrical inspectors meet qualifications provided for ((~~state~~)) electrical inspectors in accordance with RCW 19.28.070.

(2) Within the service area of an electricity supply agency owned and operated by a city or town which is supplying electricity and enforcing a standard of construction and materials outside its corporate limits at the time this act takes effect: PROVIDED, That such city, town or agency shall henceforth enforce by inspection within its service area outside its corporate limits the same standards of construction and of materials, devices, appliances and equipment as is enforced by the ((~~department of labor and industries~~)) county under the authority of this chapter: PROVIDED FURTHER, That fees charged henceforth in connection with such enforcement shall not exceed those established in RCW 19.28.210.

Sec. 15. Section 5, chapter 30, Laws of 1980 as amended by section 15, chapter 206, Laws of 1983 and RCW 19.28.540 are each amended to read as follows:

The ((~~department~~)) council, in coordination with the board of electrical examiners, shall prepare an examination to be administered to applicants for journeyman and specialty certificates of competency. 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 status of journeyman electrician or specialty electrician; and

(2) Whether the applicant is sufficiently familiar with the applicable electrical codes and the rules of the ((~~department~~)) council pertaining to electrical installations and electricians.

The ((~~department~~)) council shall, at least four times annually, administer the examination to persons eligible to take it under RCW 19.28.530. A person may take the journeyman or specialty test as many times as necessary without limit. All applicants shall, before taking the examination, pay to the ((~~department~~)) council an examination fee. The ((~~department~~)) council shall set the fee by rule. The fee shall cover but not exceed the costs of preparing and administering the examination.

The ((~~department~~)) council shall certify the results of the examination upon such terms and after such a period of time as the ((~~department~~)) council, in cooperation with the board of electrical examiners, deems necessary and proper.

NEW SECTION. Sec. 16. A new section is added to chapter 19.28 RCW to read as follows:

At least sixty days before initially adopting electrical rules, regulations, or ordinances under RCW 19.28.010(2), a city or town shall give notice of its intent to the county and shall to the extent of available positions offer to employ every full-time electrical inspector of the county whose employment will be terminated as a direct result of the adoption.

NEW SECTION. Sec. 17. (1) By November 1, 1986, and to the extent of available positions which are unable to be filled by personnel of the county currently performing building inspections, counties required to enforce the provisions of this chapter beginning January 1, 1987, that need to employ electrical inspectors shall offer to employ every full-time electrical inspector of the state whose employment will be terminated as a direct result of the adoption of this act.

(2) Every city or town initially adopting electrical rules, regulations, or ordinances under RCW 19.28.010(2) after the effective date of this section and before January 1, 1987, shall give notice of its intent to the state and shall to the extent of available positions offer to employ every full-time electrical inspector of the state whose employment will be terminated as a direct result of the adoption.

Sec. 18. Section 2, chapter 117, Laws of 1971 ex. sess. and RCW 36.32.125 are each amended to read as follows:

Nothing in this chapter shall permit the counties to adopt, by reference or by ordinance, regulations relating to the subject matter contained in chapters ((~~19.28,~~)) 43.22, 70.79, or 70.87 RCW.

NEW SECTION. Sec. 19. Section 5, chapter 207, Laws of 1963, section 1, chapter 71, Laws of 1969 ex. sess., section 60, chapter 34, Laws of 1975-'76 2nd ex. sess., section 56, chapter 287, Laws of 1984 and RCW 19.28.065 are each repealed.

NEW SECTION. Sec. 20. Sections 1 through 16 of this act shall take effect January 1, 1987.