WSR 98-07-096

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed March 18, 1998, 10:08 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-21-143

Title of Rule: See Purpose below

Purpose: The department is proposing a 4.05% general increase in factory assembled structures (FAS) fees, contractor registration fees and plumber certification fees. The 4.05% figure is the Office of Financial Management's maximum allowable fiscal growth rate factor for fiscal year 1998. The general fee increases are necessary to maintain the stability of the plumber's fund and the financial health and operational effectiveness of the contractor registration and FAS programs. Also, several new FAS fees are proposed. Most of these new fees are to cover the cost of services previously provided to FAS customers without charge. Finally, new medical gas piping endorsement fees are proposed for inclusion into the plumbing rules. These fees are needed to implement SSB 5749 and will be effective when the new medical gas rules become effective.

Chapter 296-150C WAC, Commercial coaches.

WAC 296-150C-3000 Commercial coach fees. State-initiated proposed amendments are made to:

Increase all commercial coach fees by 4.05% rounded down to the nearest quarter of a dollar.

Add electrical plan review fees to cover the cost of FAS electrical plan reviews required by WAC 296-46-140 Plan review for educational, institutional or health care facilities and other buildings.

Add reciprocal plan review fees to cover the cost of this service.

Add a fee to cover the cost of reviewing and approving sets of design plans submitted beyond the two sets required by the department.

Add a fee to cover the cost of printing and distributing factory assembled structures RCWs and WACs beyond the one free annual copy required by statute.

Chapter 296-150F WAC, Factory-built housing and commercial structures.

WAC 296-150F-3000 Factory-built housing and commercial structure fees. State-initiated proposed amendments are made to:

Increase all factory-built housing and commercial structure fees by 4.05% rounded down to the nearest quarter of a dollar.

Add electrical plan review fees to cover the cost of FAS electrical plan reviews required by WAC 296-46-140 Plan review for educational, institutional or health care facilities and other buildings.

Add reciprocal plan review fees to cover the cost of this service.

Add a fee to cover the cost of reviewing and approving sets of design plans submitted beyond the two sets required by the department.

Add a fee to cover the cost of printing and distributing factory assembled structures RCWs and WACs beyond the one free annual copy required by statute.

Delete the "Temporary insignia fees" because a temporary insignia will no longer be issued by the department.

Chapter 296-150M WAC, Manufactured homes.

WAC 296-150M-3000 Manufactured home fees. State-initiated proposed amendments are made to:

Increase all manufactured home fees by 4.05% rounded down to the nearest quarter of a dollar.

Add a fee to cover costs which are incurred after an HBT audit and which are necessary to satisfy federal program requirements.

Add a fee to cover the cost of auditing units at a factory where the units were previously inspected and the inspection fee had been paid.

Add travel fees to cover the cost of performing IPIA processes at times other than a normally scheduled IPIA audit.

Add a fee to cover the cost of printing and distributing factory assembled structures RCWs and WACs beyond the one free annual copy required by statute.

Chapter 296-150P WAC, Recreational park trailers.

WAC 296-150P-3000 Recreational park trailer fees. State-initiated proposed amendments are made to:

Increase all recreational park trailer fees by 4.05% rounded down to the nearest quarter of a dollar.

Add a fee to cover additional costs associated with a plan review that requires a structural review. (The structural requirements were added by the ANSI code.)

Add a fee to cover the cost of printing and distributing factory assembled structures RCWs and WACs beyond the one free annual copy required by statute.

Chapter 296-150R WAC, Recreational vehicles.

WAC 296-150R-3000 Recreational vehicle fees. State-initiated proposed amendments are made to:

Increase all recreational vehicle fees by 4.05% rounded down to the nearest quarter of a dollar.

Add a fee to cover the cost of printing and distributing factory assembled structures RCWs and WACs beyond the one free annual copy required by statute.

Chapter 296-200A WAC, Contractor certificate of registration renewals--Security--Insurance.

WAC 296-200A-900 What fees does the department charge contractors for issuance, renewal and reinstatement of certificates of registration? State-initiated proposed amendments are made to increase all fees in this section by 4.05% rounded down to the nearest quarter of a dollar.

Chapter 296-400A WAC, Certification of competency for journeyman plumbers.

WAC 296-400A-045 What fees will I have to pay? State-initiated proposed amendments are made to:

Increase all fees in this section by 4.05% rounded down to the nearest quarter of a dollar.

Implement SSB 5749 by adding new fees applicable to new medical gas rules proposed by the department. These new fees will be effective when the new medical gas rules become effective.

Statutory Authority for Adoption: Chapters 18.106, 18.27 and 43.22 RCW

Statute Being Implemented: SSB 5749

Summary: See Purpose above

Reasons Supporting Proposal: See Purpose above

Name of Agency Personnel Responsible for Drafting: Kevin Morris and Dan Wolfenbarger, Tumwater, Washington, (360) 902-5578 and (360) 902-5225, respectively; Implementation and Enforcement: Ernie LaPalm, Tumwater, Washington, (360) 902-5329

Name of Proponent: Department of Labor and Industries, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above

Proposal Changes the Following Existing Rules: See Purpose above

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has considered whether these proposed rules are subject to the Regulatory Fairness Act and has determined that they do not require a small business economic impact statement because the proposed rules will not place a more than minor impact on any business, construction contractor or plumber.

RCW 34.05.328 applies to this rule adoption. The proposed rule amendments are considered "significant legislative rules" because the proposed new fees and the 4.05% fee increases will have a financial impact upon the public that they regulate.

Hearing Location: Spokane Public Works Building, County Commissioners Assembly Room (lower level), 1026 West Broadway, Spokane, WA, on April 23, 1998, at 1:30 p.m.; and at the Department of Labor and Industries Building, Auditorium, 7273 Linderson Way, Tumwater, WA, on April 24, 1998, at 1:30 p.m

Assistance for Persons with Disabilities: Contact George Huffman by April 13, 1998, at (360) 902-6411 or TDD users, please call (360) 902-5797

Submit Written Comments to: Department of Labor and Industries, Attention: Dan Wolfenbarger, Chief Factory Assembled Structures Inspector, P.O. Box 44440, Olympia, WA 98504-4440; or Kevin Morris, Chief Contractor Compliance/Plumbing Certification Inspector, P.O. Box 44470, Olympia, WA 98504-4470, by no later than 5:00 p.m., May 1, 1998.

In addition to written comments, the department will accept comments submitted to FAX (360) 902-5292, by no later than 5:00 p.m., May 1, 1998. Comments submitted by FAX must be ten pages or less

Date of Intended Adoption: May 29, 1998

March 18, 1998

Gary Moore

Director

OTS-1834.2

AMENDATORY SECTION (Amending WSR 97-11-053, filed 5/20/97, effective 6/30/97)

WAC 296-150C-3000  Commercial coach fees.

[Statutory Authority: RCW 70.87.030, 18.27.070, [18.27.]075, 43.22.350, [43.22.]355, [43.22.]434 and [43.22.]480(2). 97-11-053, § 296-150C-3000, filed 5/20/97, effective 6/30/97. Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150C-3000, filed 10/23/96, effective 11/25/96.]

OTS-1835.2

AMENDATORY SECTION (Amending WSR 97-11-053, filed 5/20/97, effective 6/30/97)

WAC 296-150F-3000  Factory-built housing and commercial structure fees.

(((WAC 296-150F-3000, ILLUS. 1)))

[Statutory Authority: RCW 70.87.030, 18.27.070, [18.27.]075, 43.22.350, [43.22.]355, [43.22.]434 and [43.22.]480(2). 97-11-053, § 296-150F-3000, filed 5/20/97, effective 6/30/97. Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150F-3000, filed 10/23/96, effective 11/25/96.]

OTS-1836.2

AMENDATORY SECTION (Amending WSR 97-11-053, filed 5/20/97, effective 6/30/97)

WAC 296-150M-3000  Manufactured home fees.

[Statutory Authority: RCW 70.87.030, 18.27.070, [18.27.]075, 43.22.350, [43.22.]355, [43.22.]434 and [43.22.]480(2). 97-11-053, § 296-150M-3000, filed 5/20/97, effective 6/30/97. Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150M-3000, filed 10/23/96, effective 11/25/96.]

OTS-1837.2

AMENDATORY SECTION (Amending WSR 97-16-043, filed 7/31/97, effective 12/1/97)

WAC 296-150P-3000  Recreational park trailer fees.

[Statutory Authority: RCW 43.22.340 and 43.22.420. 97-16-043, § 296-150P-3000, filed 7/31/97, effective 12/1/97.]

OTS-1838.3

AMENDATORY SECTION (Amending WSR 97-16-043, filed 7/31/97, effective 12/1/97)

WAC 296-150R-3000  Recreational vehicle fees.

[Statutory Authority: RCW 43.22.340 and 43.22.420. 97-16-043, § 296-150R-3000, filed 7/31/97, effective 12/1/97. Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150R-3000, filed 10/23/96, effective 11/25/96.]

OTS-1847.1

NEW SECTION [AMENDATORY SECTION (Amending WSR 97-24-071, filed 12/2/97, effective 1/5/98)]

WAC 296-200A-900  What fees does the department charge contractors for issuance, renewal and reinstatement of certificates of registration? (1) For the purposes of this chapter:

(a) A contractor renews its registration before it expires.

(b) A contractor reinstates its registration after the registration:

(i) Has expired; or

(ii) Has been suspended because the contractor's insurance has expired; or

(iii) Has been suspended because the contractor's bond has been canceled or impaired.

(c) A contractor reregisters when it changes its business structure.

(2) The department charges the following fees:

(a) $43.25 for each issuance, renewal or reregistration of a certificate of registration.

(b) $50.00 for the reinstatement of a certificate of registration.

(c) $10.50 for providing a duplicate certificate of registration.

(d) $20.75 for each requested certified letter prepared by the department.

(e) $2.00 per copy for documents copied from a contractor's file. The maximum copy charge for copies from one contractor's file will be $25.00.

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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The above section, filed by the agency as new section WAC 296-200A-900, is an amendment of WAC 296-200A-900 which was permanently adopted December 2, 1997. Pursuant to RCW 34.08.040, the section is published in the same form as filed by the agency.

OTS-2059.2

AMENDATORY SECTION (Amending WSR 97-11-052, filed 5/20/97, effective 6/30/97)

WAC 296-400A-045  What fees will I have to pay? The following are the department's plumbers fees:

* The trainee certificate shall expire one year from the date of issuance and be renewed on or before the date of expiration.

** This fee applies to either the original issuance or a renewal of a certificate. If you have passed the plumbers certificate of competency examination or the medical gas piping installer endorsement examination and paid the certificate fee, you will be issued a plumber certificate of competency or a medical gas endorsement that will expire on your birthdate.

*** An additional fee, paid directly to a nationally recognized testing agency under contract with the department will be required for the written and practical examination of competency for medical gas piping system installers.

(The annual renewal of a Medical Gas Piping Installer Endorsement shall include a continuity affidavit that verifies work in discipline of brazing has occurred within the past year.)

If your birth year is:

(1) In an even-numbered year, your certificate will expire on your birthdate in the next even-numbered year.

(2) In an odd-numbered year, your certificate will expire on your birthdate in the next odd-numbered year.

Note: The medical gas fees in this section will not be effective until the medical gas rules proposed by the department become effective.

[Statutory Authority: RCW 18.106.050, [18.106.]070, [18.106.]110, [18.106.]125, [18.106.]140 and [18.106.]270. 97-11-052, § 296-400A-045, filed 5/20/97, effective 6/30/97.]

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