Preproposal statement of inquiry was filed as WSR 98-06-043.

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

Purpose: To implement SSB 5749 (1997) by developing rules to establish a medical gas piping installer endorsement for journeyman plumbers certified by Washington state.

Legislative-initiated amendments to chapter 296-400A WAC, Certification of competency for journeyman plumbers, are proposed to implement 1997 legislation that amended chapter 18.106 RCW to create a medical gas piping installer endorsement for journeyman plumbers certified by Washington state. This legislation will be effective July 1, 1998. It requires the department to enact implementing rules. These legislative-initiated proposed amendments do establish additional compliance requirements.

WAC 296-400A-005 What definitions do I need to know to understand these rules? Legislative-initiated amendments are proposed to implement RCW 18.106.010(6) by adding definitions for "continuity affidavit," "medical gas piping installer" and "training course provider."

WAC 296-400A-021 How do I obtain a medical gas piping installer endorsement? Legislative-initiated amendments are proposed to implement RCW 18.106.030 by creating a new section that:

Emphasizes that only journeyman plumbers holding active state of Washington certification may apply for the medical gas piping installer endorsement.

Explains the procedures an applicant must follow to obtain a medical gas piping endorsement.

Explains that persons holding a current medical gas piping installer certificate issued by a department recognized training provider, when these rules become effective, may apply for the medical gas piping installer endorsement without the medical gas piping installer examination.

Explains that the required written and practical competency examinations will be given by a nationally recognized testing agency contracted by the department.

WAC 296-400A-025 Who approves medical gas piping installer endorsement training courses? Legislative-initiated amendments are proposed to implement RCW 18.106.050 by creating a new section that states the department's authority to approve training courses and set the fees for those courses.

WAC 296-400A-026 What training course approval procedures will the department follow? Legislative-initiated amendments are proposed to implement RCW 18.106.050 by creating a new section that describes the procedures the department will follow when approving medical gas piping installer training courses.

WAC 296-400A-027 Where can I obtain information regarding department approved training course providers? Legislative-initiated amendments are proposed to implement RCW 18.106.050 by creating a new section notifying potential medical gas piping installer applicants where they can obtain the names of department approved training course providers.

WAC 296-400A-030 Do I need a temporary permit? Legislative-initiated amendments are proposed to implement RCW 18.106.020 by clarifying that temporary permits for the installation of medical gas piping systems will not be issued to any active out-of-state plumber.

WAC 296-400A-045 What fees will I have to pay? Legislative-initiated amendments are proposed to implement RCW 18.106.050 by:

Notifying endorsement applicants that they will have to pay a medical gas endorsement examination fee to a nationally recognized testing agent.

Notifying endorsement applicants that they will have to pay a medical gas endorsement training course fee to a department approved training course provider.

Clarifying that the purpose of the examination fee and the training course fee is to cover certain costs associated with the examinations and training courses.

Emphasizing that the fees charged for the examinations and training courses do not go to the department but the entities conducting the examinations and providing the training courses.

Clarifying that the continuity affidavit will include verification that brazing work has been performed.

WAC 296-400A-120 What do I need to know about plumber trainee certificates? Legislative-initiated amendments are proposed to implement RCW 18.106.070(4) by adding subsection (7). This subsection incorporates statutory language to clarify when a trainee may work on medical gas piping systems.

WAC 296-400A-140 How does the department enforce plumber certification requirements? Legislative-initiated amendments are proposed to implement RCW 18.106.170 by adding subsection (4). This subsection incorporates statutory language to emphasize that persons installing medical gas piping systems must possess an active plumber certification card and an active medical gas piping installer endorsement.

WAC 296-400A-300 What procedures does the department follow when issuing a notice of infraction? Legislative-initiated amendments are proposed to implement RCW 18.106.020(4) by adding subsection (3). This subsection explains that the department may issue an infraction to individuals, employers, employer agents and foremen who allow the installation of medical gas piping systems by individuals who do not possess a current plumber certificate and a current medical gas piping installer endorsement.

Note: The department has proposed certain medical piping installer endorsement fees in another CR-102 filing which was published in the Washington State Register on April 1, 1998, and will be taken to public hearing on April 23 and 24, 1998. Those fees are proposed amendments to WAC 296-400A-045 What fees will I have to pay?

State-initiated amendments to chapter 296-400A WAC, Certification of competency for journeyman plumbers, are proposed as a result of an Executive Order 97-02 review and the department's regulatory improvement goal to create rules that make sense and work well. After reviewing chapter 296-400A WAC, the department is proposing the following amendments that clarify the chapter and bring it into compliance with chapter 18.106 RCW.

WAC 296-400A-005 What definitions do I need to know to understand these rules? State-initiated amendments are proposed to add a definition of "supervision." This definition clarifies the meaning of the word "supervision" as it is used in chapter 296-400A WAC. A supervising plumber must be on the premises and within sight or sound of the individual being trained.

WAC 296-400A-030 Do I need a temporary permit? State-initiated amendments are proposed to add the clarifying words "active" and "plumber" to the section.

WAC 296-400A-031 How do I qualify for a temporary permit? State-initiated amendments are proposed to add the clarifying word "active" to the section.

WAC 296-400A-035 How can I be placed on inactive status? State-initiated amendments are proposed to replace the word "registered" with "certified" in order to comply with chapter 18.106 RCW.

WAC 296-400A-070 Can I work as a certified plumber in Washington without taking the Washington state plumbers competency examination? State-initiated amendments are proposed to replace the word "registered" with "certified" in order to comply with chapter 18.106 RCW.

WAC 296-400A-110 Does previous work experience count toward my trainee certificate? State-initiated amendments are proposed to clarify the conditions governing the department's granting of credit for trainee hours.

WAC 296-400A-300 What procedures does the department follow when issuing a notice of infraction? State-initiated amendments are proposed to replace the word "citation" with "infraction" in subsections (1) and (4) in order to comply with chapter 18.106 RCW.

Statutory Authority for Adoption: Chapter 18.106 RCW.

Statute Being Implemented: SSB 5749 (1997).

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Kevin Morris, Tumwater, Washington, (360) 902-5578; Implementation and Enforcement: Patrick Woods, Tumwater, Washington, (360) 902-6348.

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 does not consider the economic impact of the proposed rules to be a more than minor economic impact on business. Therefore, the preparation of a comprehensive small business economic impact statement is not required.

RCW 34.05.328 applies to this rule adoption. The proposed rules are "significant legislative rules" because they: (1) Adopt substantive provisions of SSB 5749 through delegated legislative authority; (2) subject a violator to a penalty or a sanction; (3) change the requirements for issuing or suspending or revoking a certificate; (4) amend a significant regulatory program; and (5) will have a financial impact on the people they regulate.

Hearing Location: Department of Labor and Industries Building, Auditorium, 7273 Linderson Way, Tumwater, Washington, on May 26, 1998, at 1:30 p.m.; and at the Department of Labor and Industries, Spokane Service Location, Conference Room #4 (Third Floor), 901 North Monroe, Spokane, WA, on May 27, 1997 [1998], at 1:30 p.m.

Assistance for Persons with Disabilities: Contact George Huffman at (360) 902-6411 by May 15, 1998, TDD users please call (360) 902-5797.

Submit Written Comments to: Department of Labor and Industries, Attention: Kevin Morris, Chief Contractor Compliance/Plumber Certification, P.O. Box 44470, Olympia, WA 98504-4470, by no later than 5:00 p.m., June 3, 1998. FAX comments: In addition to written comments, the department will accept comments submitted to FAX (360) 902-5292 by 5:00 p.m., June 3, 1998. FAX comments: In addition to written comments, the department will accept comments submitted to FAX (360) 902-5292 by 5:00 p.m., June 3, 1998. Comments submitted by FAX must be ten pages or less.

Date of Intended Adoption: June 17, 1998.

April 22, 1998

Gary Moore

Director

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

WAC 296-400A-005  What definitions do I need to know to understand these rules? Unless a different meaning is clearly required by the context, the following terms and definitions are important:

"Advisory board" is the state advisory board of plumbers.

"Continuity affidavit" is a form developed by the department that is used to verify whether medical gas pipe installation work has been performed. This form is provided to the department annually by the person holding the medical gas piping installer endorsement and requires the signature of the employer of the medical gas piping installer.

"Department" is the department of labor and industries.

"Director" is the director of the department of labor and industries.

"Journeyman plumber" is anyone who has learned the commercial plumbing trade and has been issued a journeyman certificate of competency by the department. A journeyman plumber may work on plumbing projects including residential, commercial and industrial worksite locations.

"Medical gas piping installer" is anyone who has been issued an endorsement of competency by the department.

"Medical gas piping systems" are piping systems that convey or involve oxygen, nitrous oxide, high pressure nitrogen, medical compressed air and medical vacuum systems.

"Plumbing" is that craft involved in installing, altering, repairing and renovating potable water systems, liquid waste systems and medical gas piping systems within a building. The installation of water softening or water treatment equipment into a water system is not considered plumbing.

"Specialty plumber" is anyone who has been issued a specialty plumbers certificate of competency by the department. Specialty plumber certificates are limited to the installation, maintenance and repair of plumbing for single-family dwellings, duplexes and apartment buildings which do not exceed three stories.

"Supervision" for the purpose of these rules means within sight or sound. Supervision requirements are met when the supervising plumber is on the premises and within sight or sound of the individual who is being trained.

"Training course provider" is an entity approved by the department, in consultation with the state advisory board of plumbers, to provide medical gas piping installer training. All training course providers must comply with the requirements in WAC 296-400A-026.

"Trainee plumber" is anyone who has been issued a trainee certificate and is learning or being trained in the plumbing trade with direct supervision of either a journeyman plumber or specialty plumber working in their specialty.

[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-005, filed 5/20/97, effective 6/30/97.]

NEW SECTION

WAC 296-400A-021  How do I obtain a medical gas piping installer endorsement? (Only journeyman plumbers holding active state of Washington certification may apply for this endorsement.)

You can obtain a medical gas piping installer endorsement by completing the following requirements:

(1) Submit an application to the department; and

(2) Pay the examination application fee shown in WAC 296-400A-045; and

(3) Submit the required evidence of approved training to the department; and

(4) Pass the written and practical competency examination;* and

(5) Pay the endorsement issuance fee shown in WAC 296-400A-045 to the department.

At the effective date of these medical gas piping installer rules, if you hold a current medical gas piping installers certificate issued by a department recognized training provider you may apply for the state of Washington medical gas installer piping endorsement in lieu of taking the medical gas piping installer examination. This opportunity to obtain your endorsement without taking the examination will expire one year from the effective date of these medical gas piping installer rules.

*The written and practical competency examination is performed under contract with a nationally recognized testing agency. The results of the competency examination will be forwarded to the department for processing.

[]

NEW SECTION

WAC 296-400A-025  Who approves medical gas piping installer endorsement training courses? RCW 18.106.050 authorizes the department to:

(1) Approve training courses for the medical gas piping installer endorsement; and

(2) Set training course fees.

[]

NEW SECTION

WAC 296-400A-026  What training course approval procedures will the department follow? (1) The department will review and approve courses submitted by training course providers that offer medical gas piping systems training. Course approvals will be decided in consultation with the state advisory board of plumbers.

(2) All providers seeking course approval, must submit the required information (see subsection (5) of this section) to the department at least thirty days before a regularly scheduled advisory board meeting. No course can be offered as meeting the requirements of a medical gas endorsement until it has been approved.

(3) All material required for approval will be reviewed without testimony and the review will be based solely upon the information submitted. Once reviewed, the department has five working days to give a provider written notification of acceptance or rejection. In the case of rejection, the department must specify its reasons.

(4) If a provider has a course rejected, it may request a hearing before the advisory board at the next regularly scheduled meeting. Any information supporting the provider's position, which was not included with the original approval request, must be submitted to the board at least twenty days before the meeting at which the hearing will be held.

At the hearing, the department and the provider may produce witnesses and give testimony. The hearing must be conducted according to chapter 34.05 RCW. The board must base its decision upon the testimony and evidence presented and must notify the parties immediately upon reaching its decision. A majority of the board is necessary to render a decision.

(5) Specific course approval criteria:

(a) All training courses must conform to and be based upon current standards and requirements governing the installation of medical gas piping systems.

(b) All course approval requests must include:

(i) A general description of the course, including its scope, the instructional materials to be used and the instructional methods to be followed; and

(ii) A copy of the complete medical gas piping installer training curriculum; and

(iii) A detailed course outline; and

(iv) The name and qualifications of the course instructor(s); and

(v) The locations where the course will be taught; and

(vi) The days and hours the course will be offered; and

(vii) The specific fees associated with the course, as well as, the total cost of the course.

(c) All fees for approved training courses must be reasonable and in line with fees charged for other comparable code based training courses.

(6) Training courses are approved for a three-year period.

(7) A provider, whose courses are approved, must give the department literature describing the courses so the department can disseminate this information to prospective applicants.

(8) It is the responsibility of the provider to annually review and update its courses and to notify the department of any changes.

(9) The department may withdraw its approval of any training course if it determines the provider is no longer in compliance with the requirements of this chapter. If the department withdraws its approval of a training course, it must give the provider written notification of the withdrawal, specifying the reasons for its decision. If the department withdraws its approval of a training course, the provider may request a hearing before the advisory board at the next regularly scheduled meeting. Any information supporting the provider's position must be submitted to the board at least twenty days before the meeting at which the hearing will be held. At the hearing, the department and the provider may produce witnesses and give testimony. The hearing must be conducted according to chapter 34.05 RCW. The board must base its decision upon the testimony and evidence presented and must notify the parties immediately upon reaching its decision. A majority of the board is necessary to render a decision.

[]

NEW SECTION

WAC 296-400A-027  Where can I obtain information regarding department approved training course providers? The department will produce a list of all approved training course providers and/or course contact persons. This list will be available to all applicants who request it. It will also be available at all department service locations.

[]

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

WAC 296-400A-030  Do I need a temporary permit? If you are an active out-of-state journeyman plumber residing in a state that does not have a reciprocal agreement with Washington and you would like to work as a plumber in Washington, you need a temporary permit. Temporary permits are not issued for installers of medical gas piping systems.

[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-030, filed 5/20/97, effective 6/30/97.]

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

WAC 296-400A-031  How do I qualify for a temporary permit? To qualify for a temporary permit, you must:

(1) Have ((a)) an active state-issued journeyman plumbers certificate; and

(2) Give the department sufficient qualifying evidence for a journeyman plumber certificate of competency; and

(3) Never have taken the journeyman competency examination in Washington state; and

(4) Not be an apprentice plumber.

[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-031, filed 5/20/97, effective 6/30/97.]

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

WAC 296-400A-035  How can I be placed on inactive status? To be placed on inactive status, you must meet these three requirements:

(1) Be a currently ((registered)) certified plumber; and

(2) Be at least sixty-two years of age; and

(3) Not be working in the plumbing trade.

Inactive status means that you are not currently working in the plumbing trade and you are not required to pay the annual certificate renewal fee. You may return to active status, without reexamination, by paying the reinstatement of a journeyman certificate fee shown in WAC 296-400A-045.

[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-035, filed 5/20/97, effective 6/30/97.]

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:

** 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.

The annual renewal of a Medical Gas Piping Installer Endorsement shall include a continuity affidavit verifying that brazing work has been performed within the past year.

*** This fee is paid directly to a nationally recognized testing agency under contract with the department. It covers the cost of preparing and administering the written competency examination and the materials necessary to conduct the practical competency examination required for the medical gas piping system installers endorsement. This fee is not paid to the department.

**** This fee is paid directly to a training course provider approved by the department, in consultation with the state advisory board of plumbers. It covers the cost of providing training courses required for the medical gas piping system installer endorsement. This fee is not paid to the department.

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.]

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

WAC 296-400A-070  Can I work as a certified plumber in Washington without taking the Washington state plumbers competency examination? You may be eligible to work in Washington state without taking an examination if:

(1) You have a current plumbers certificate or license from another state; and

(2) That state has a current reciprocal agreement with the department of labor and industries; and

(3) You pay the reciprocity application fee and journeyman or specialty certificate fee shown in WAC 296-400A-045.

The director of labor and industries negotiates reciprocal agreements with states that have equivalent requirements for certification and licensing of journeyman and specialty plumbers. The agreement allows plumbers from those states to work in Washington and Washington-((registered)) certified plumbers to work in the other state without taking competency examinations. To find out if your state has an agreement with the department, contact the plumber's certification clerk at the department's Tumwater, WA headquarters.

Reciprocity agreements cannot be used to take the Washington state competency examination instead of the examination in your home state.

[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-070, filed 5/20/97, effective 6/30/97.]

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

WAC 296-400A-110  Does previous work experience count toward my trainee certificate? If your work experience was in plumbing construction, you will be given credit for all verifiable hours that are properly submitted on the department's approved form. Plumber trainee hours accumulated in the state of Washington will be credited only if an active Washington state trainee card was in place when the work occurred. (Refer to the definition of "plumbing" in WAC 296-400A-005.)

[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-110, filed 5/20/97, effective 6/30/97.]

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

WAC 296-400A-120  What do I need to know about plumber trainee certificates? (1) The department issues separate trainee certificates according to the following schedule:

(2) You may apply for the next year's trainee certificate whenever you have the required documented work hours.

(3) You cannot be issued a training certificate for more than eight years unless the department determines that there are extenuating circumstances.

(4) If you are a trainee applying for a journeyman certificate, you must complete a minimum of two of the required four years in commercial plumbing experience.

(5) A certified specialty plumber working on a commercial job site may work as a journeyman trainee only if they have a current trainee certificate on their person while performing commercial plumbing work.

(6) On a job site, the ratio of certified plumbers to noncertified plumbers must be:

(a) One specialty plumber or journeyman working on a specialty plumbing job may supervise no more than two trainees.

(b) One journeyman plumber working on a commercial job may supervise no more than one trainee.

(7) A plumber trainee who has a current trainee certificate with the state of Washington and has successfully completed or is enrolled in an approved medical gas piping installer training course may work on medical gas piping systems. Work may only occur when there is direct supervision by an active Washington state certified journeyman plumber with an active medical gas piping installer endorsement issued by the department. Supervision must be one hundred percent of the working day on a one-to-one ratio.

[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-120, filed 5/20/97, effective 6/30/97.]

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

WAC 296-400A-140  How does the department enforce plumbers certification requirements? The department enforces plumber certification requirements by means of job-site inspections conducted by department compliance inspectors. The inspector must determine whether:

(1) Each person doing plumbing work has a proper certificate on their person; and

(2) The ratio of certified specialty and/or journeyman plumbers to certified trainees is correct; and

(3) That each certified trainee is directly supervised by either a certified specialty plumber or a certified journeyman; and

(4) That persons who are installing medical gas piping systems have active medical gas piping installer endorsements in addition to their active plumber certification.

[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-140, filed 5/20/97, effective 6/30/97.]

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

WAC 296-400A-300  What procedures does the department follow when issuing a notice of infraction? (1) If a compliance inspector determines that an individual has violated plumber certification requirements, including medical gas piping installer endorsement requirements, the department must issue a notice of infraction describing the reasons for the ((citation)) infraction.

(2) For plumber certification violations, the department may issue a notice of infraction to either:

(a) An individual who is plumbing without a current plumber certificate; or

(b) The employer of the individual who is plumbing without a current plumber certificate; or

(c) The employer's authorizing agent or foreman that made the work assignment to the individual who is plumbing without a current plumber certificate.

(3) For medical gas piping installer endorsement violations, the department may issue a notice of infraction to either:

(a) An individual who is installing medical gas piping systems without a current plumber certificate and a current medical gas piping installer endorsement; or

(b) The employer of the individual who is installing medical gas piping systems without a current plumber certificate and a current medical gas piping installer endorsement; or

(c) The employer's authorizing agent or foreman that made the work assignment to the individual who is installing medical gas piping systems without a current plumber certificate and a current medical gas piping installer endorsement.

(4) An individual may appeal a notice of infraction by complying with the appropriate provisions of RCW 18.106.220.

(((4))) (5) If good cause is shown, an administrative law judge may waive, reduce or suspend any monetary penalties resulting from the ((citation)) infraction.

(((5))) (6) Any monetary penalties collected under this chapter, must be deposited in the plumbing certificate fund.

[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-300, filed 5/20/97, effective 6/30/97.]