AN ACT Relating to fire and life safety systems; amending RCW 19.28.123, 19.28.070, 19.28.210, and 19.28.510; adding new sections to chapter 48.48 RCW; creating a new section; and making appropriations.

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

Sec. 1. Section 2, chapter 188, Laws of 1974 ex. sess. as last amended by section 6, chapter 156, Laws of 1986 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. One member shall be an individual holding a valid fire alarm system endorsement. 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. The department with the consent of the board of electrical examiners shall be permitted to enter into a contract with a professional testing agency to develop, administer, and score these examinations. 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 and to carry out the duties enumerated in RCW 19.28.510 through 19.28.620 as well as generally advise the department on all matters relative to RCW 19.28.510 through 19.28.620. 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.

Sec. 2. Section 3, chapter 169, Laws of 1935 as last amended by section 4, chapter 156, Laws of 1986 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 shall have power and it shall be their duty to enforce the provisions of this chapter in their respective jurisdictions. The director of labor and industries shall have power to appoint an electrical inspector, and such assistant inspectors as he shall deem necessary to assist him in the performance of his duties. All electrical inspectors appointed by the director of labor and industries shall have not less than four years experience as journeyman electricians in installing and maintaining electrical equipment, or two years electrical training in a college of electrical engineering of recognized standing and four years continuous practical electrical experience in installation work, or four years of electrical training in a college of electrical engineering of recognized standing and two years continuous practical electrical experience in electrical installation work. In addition, all electrical inspectors who inspect fire alarm systems shall possess a certificate of competency for inspection and operation of fire alarm systems. The certificate shall be obtained prior to inspecting or certifying fire alarm systems and shall be renewed every three years. The certificate shall be obtained only by passing an examination which may be administered by the department or by a professional testing agency. Such state inspectors shall be paid such salary as the director of labor and industries 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.

Sec. 3. 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 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 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, 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, 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, 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 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. The director, subject to the recommendations and approval of the advisory board, shall set 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.

All electrical fire alarm systems, equipment, devices, or wiring, which are required by an authority having jurisdiction, shall receive, prior to being placed into service a certificate of approval after a final inspection from an electrical inspector who has a fire alarm inspection certificate of competency, or after any modifications are made to the system, equipment, devices, or wiring.

Sec. 4. Section 2, chapter 30, Laws of 1980 as amended by section 13, chapter 206, Laws of 1983 and RCW 19.28.510 are each amended to read as follows:

(1) No person may engage in the electrical construction trade without having a current journeyman electrician certificate of competency or a current specialty electrician certificate of competency issued by the department in accordance with this chapter. Electrician certificate of competency specialties include, but are not limited to: Residential, domestic appliances, pump and irrigation, limited energy system, signs, and nonresidential maintenance.

(2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the electrical construction trade or who is learning the electrical construction trade may work in the electrical construction trade if supervised by a certified journeyman electrician or a certified specialty electrician in that electrician's specialty. All apprentices and individuals learning the electrical construction trade shall obtain an electrical training certificate from the department. The certificate shall authorize the holder to learn the electrical construction trade while under the direct supervision of a journeyman electrician or a specialty electrician working in his or her specialty. The holder of the electrical 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 electrical construction 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 and individuals learning the electrical construction trade shall have their electrical training certificates in their possession at all times that they are performing electrical 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 an electrical 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 journeyman electrician or an appropriate specialty electrician who has an applicable certificate of competency issued under this chapter. Either a journeyman electrician or an appropriate specialty electrician 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 journeymen or specialty electricians working on a job site shall be:

(a) From September 1, 1979, through December 31, 1982, not more than three noncertified electricians working on any one job site for every certified journeyman or specialty electrician;

(b) Effective January 1, 1983, not more than two noncertified individuals working on any one job site for every specialty electrician or journeyman electrician working as a specialty electrician;

(c) Effective January 1, 1983, not more than than one noncertified individual working on any one job site for every certified journeyman electrician.

(4) Effective July 1, 1988, to be eligible to install, service, maintain, repair, or modify an electrical fire alarm system, equipment, device, or wiring, an electrician shall have obtained from the department, in addition to an appropriate electrician certificate of competency, a fire alarm system endorsement. The fire alarm system endorsement shall be obtained only upon passing an examination in accordance with RCW 19.28.540. To be eligible to take an examination for a fire alarm system endorsement, an applicant must furnish evidence on a form acceptable to the department of having successfully completed a training course in fire alarm systems which has been approved by the board of electrical examiners. The holder of a fire alarm system endorsement shall satisfactorily complete an eight-hour refresher course in fire alarm systems every two years to maintain the endorsement.

The ratio requirements do not apply to a trade school program in the electrical construction trade established during 1946.

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 electrical construction 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. 5. There is appropriated from the electrical license fund to the department of labor and industries for the biennium ending June 30, 1989, the sum of seven hundred twenty-two thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act.

NEW SECTION. Sec. 6. There is established a certificate of competency for the installation, servicing, or maintenance of fire and life safety systems. The certificate shall include separate endorsements for different types of nonelectrical fire and safety systems which include: (1) Sprinkler systems, (2) hood and vent systems, (3) halon systems, (4) fire extinguisher systems, and (5) a master certificate for all systems.

NEW SECTION. Sec. 7. No person or firm shall install, service, or maintain nonelectrical fire and life safety systems equipment and appliances without first obtaining the necessary certificate of competency: PROVIDED, That the following are exempt from the requirements of this section:

(1) Firms or persons engaged exclusively in the business of installing or servicing fire and life safety systems or equipment on aircraft, vehicles, or vessels;

(2) Members of the fire department engaged in servicing fire department equipment;

(3) Employees of the federal government engaged in servicing equipment owned by the federal government;

(4) Employees of state government engaged in servicing and testing of equipment installed for the protection of public rights of way;

(5) Employees of the Washington surveying and rating bureau, factory mutual, and other recognized insurance organizations engaged in testing of fire and life safety equipment and systems when such testing is not required by this chapter or administrative ruling; or

(6) Any person who services only their own fire extinguisher for their own use, provided such extinguisher is not required by any statute, code, or regulation.

This section shall not prohibit the maintenance and servicing of fire and life safety systems, appliances, and equipment by employees provided such servicing or maintenance is conducted in the presence and under the direct supervision of another employee who holds a valid certificate of competency for the type of work being performed.

NEW SECTION. Sec. 8. In addition to any other duties imposed by statute, the director shall have the following powers and duties:

(1) To set all certificate examination and renewal fees in accordance with RCW 43.24.086;

(2) To adopt rules necessary to implement this chapter;

(3) To investigate alleged violations of this chapter;

(4) To conduct all disciplinary proceedings, impose sanctions and assess fines for violations of this chapter, or any rules adopted under it;

(5) To administer licensing examinations; and

(6) To establish certificate expiration dates and renewal periods.

NEW SECTION. Sec. 9. Examinations for certification shall be conducted periodically at such times and places as determined appropriate by the director. Examination papers completed by the applicant shall be kept on file by the director for a period of at least one year, and shall be available for inspection by the applicant or the applicant's agent.

NEW SECTION. Sec. 10. Upon payment of the required fee, the director shall issue the appropriate certificate to any person who: (1) Is at least seventeen years of age or older, and (2) has received a passing grade on a certificate examination or demonstrated a sufficient level of knowledge as determined by the director.

NEW SECTION. Sec. 11. Certificates are required to be renewed as required by the director.

NEW SECTION. Sec. 12. Any person who is licensed in any state, territory, or possession of the United States or a foreign county shall be issued a certificate under this chapter without examination if the applicant provides proof to the director that they hold a current certificate, or its equivalent, in that jurisdiction.

NEW SECTION. Sec. 13. The director may refuse to issue, renew, or may suspend or revoke any certificate of fitness if the director determines that an applicant for or holder of a certificate has:

(1) Obtained or attempted to obtain a certificate by fraud or misrepresentation;

(2) Installed, maintained, or serviced a fire and life safety system or item of fire and life safety equipment in violation of this chapter, administrative ruling, or adopted standard;

(3) Refused to allow inspection by the director or his authorized representative;

(4) Not demonstrated he or she possesses the qualifications to conduct the operation for which application is made as demonstrated by written and/or practical examination; and

(5) Not shown that he or she possesses the proper facilities, including qualified personnel, to conduct operations for which application is made.

NEW SECTION. Sec. 14. Firms or individuals whose certificates have been denied, suspended, or revoked shall be so notified in writing and may request a hearing by the director. After such hearing, the director shall consider the facts and circumstances surrounding the case and shall render a decision in writing.

NEW SECTION. Sec. 15. Any person aggrieved by the refusal of the director to issue any license provided for in this chapter, or to renew the same, or by the revocation or suspension of any license issued under this chapter, shall have the right to appeal the decision of the director to the superior court of the county in which the person maintains his or her place of business. Such appeal shall be filed within thirty days of the director's decision.

NEW SECTION. Sec. 16. There is established the fire and life safety systems advisory technical committee, made up of five members approved by the director of the department of community development, two from the fire and safety industry, one representing fire sprinkler firms, one representing the gaseous extinguisher firms, one from the public fire service sector, one contractor registered under chapter 18.27 RCW, and one from the general public. The committee shall advise the director on the adoption of rules and regulations. The committee shall not be compensated nor shall its members receive travel expenses.

NEW SECTION. Sec. 17. The rules adopted by the director are necessary to ensure state-wide standards for the enforcement of this chapter. Political subdivisions may enforce this section and the rules adopted under this chapter.

Political subdivisions may establish their own schedules and procedures for conducting tests of fire protection systems, provided that such schedules and procedures are at least equivalent to those established by the director and that public safety is assured.

The director shall, to the greatest extent possible, coordinate with political subdivisions and other state agencies to ensure that building owners are not subjected to fire and life safety system testing requirements by more than one regulatory agency.

NEW SECTION. Sec. 18. It is the responsibility of the owner of a building with installed fire and life safety systems or appliances to maintain such systems and appliances in full and proper operating conditions in accordance with the manufacturers specifications and/or underwriter's laboratory listing.

NEW SECTION. Sec. 19. Sections 6 through 18 of this act are each added to chapter 48.48 RCW.

NEW SECTION. Sec. 20. There is appropriated from the general fund to the department of community development for the biennium ending June 30, 1989, the sum of one hundred eighty-seven thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act.

NEW SECTION. Sec. 21. The fire and life safety system fund is hereby established in the custody of the state treasurer. The department of community development shall deposit in the fund all moneys received from fees collected in accordance with sections 6 through 18 of this act. Moneys in the fund may be spent only for the operation of the fire and life safety system program established by sections 6 through 18 of this act. The fund is subject to the allotment procedure provided under chapter 43.88 RCW.