LABOR AND INDUSTRIES
Purpose: These rules remove the requirement to purchase a permit for maintenance work only on all components of an electrical sign. Previous rule changes had the unintended consequence of requiring permits when none had been previously required. The department believes this change will restore previous business practices and will not adversely impact public safety.
Citation of Existing Rules Affected by this Order: Amending WAC 296-46B-900 Electrical work permits and fees, general and 296-46B-970 Continuing education.
Statutory Authority for Adoption: Chapter 19.28 RCW, Electricians and electrical installations.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The August 2, 2004, effective date of these rules is necessary to ensure for the public health, safety, and welfare associated with the statutorily mandated services (chapter 19.28 RCW) provided by the electrical program (program). These rules remove the requirement to purchase a permit for maintenance work only on all components of an electrical sign. The removal of this permit will save electrical contractors money. The department believes this change will not adversely impact public safety.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: August 2, 2004.
AMENDATORY SECTION(Amending WSR 04-12-049, filed 5/28/04, effective 6/30/04)
WAC 296-46B-900 Electrical work permits and fees. General.
(1) When an electrical work permit is required by chapter 19.28 RCW or this chapter, inspections may not be made, equipment must not be energized, or services connected unless:
(a) A valid electrical work permit is completely and legibly filled out and readily available;
(b) The classification or type of facility to be inspected and the exact scope and location of the electrical work to be performed are clearly shown on the electrical work permit;
(c) The address where the inspection is to be made is clearly identifiable from the street, road or highway that serves the premises; and
(d) Driving directions and/or a legible map is provided for the inspectors' use.
(2) An electrical work permit is valid for only one specific site address.
(3) Except as provided in subsection (8) of this section, a valid electrical work permit must be posted on the job site at a readily accessible and conspicuous location prior to beginning electrical work and at all times until the electrical inspection process is completed.
Permit - responsibility for.
(4) Each person, firm, partnership, corporation, or other entity must furnish a valid electrical work permit for the installation, alteration, or other electrical work performed or to be performed by that entity. Each electrical work permit application must be signed by the electrical contractor's administrator (or designee) or the person, or authorized representative of the firm, partnership, corporation, or other entity that is performing the electrical installation or alteration. Permits purchased electronically do not require a handwritten signature. An entity designated to sign electrical permits must provide written authorization of the purchaser's designation when requested by the department.
(5) Permits to be obtained by customers. Whenever a serving electrical utility performs work for a customer under one of the exemptions in WAC 296-46B-925 and the work is subject to inspection, the customer is responsible for obtaining all required permits.
(6) Except for emergency repairs to existing electrical systems, electrical work permits must be obtained and posted at the job site prior to beginning the installation or alteration. An electrical work permit for emergency repairs to existing electrical systems must be obtained and posted at the job site no later than the next business day after the work is begun.
(7) Fees must be paid in accordance with the inspection fee schedule, WAC 296-46B-905. The amount of the fee due is calculated based on the fee effective at the date payment is made. If the project is required to have an electrical plan review, the plan review fees will be based on the fees effective at the date the plans are received by the department for review.
Permit - requirements for.
(8) As required by chapter 19.28 RCW or this chapter, an electrical work permit is required for the installation, alteration, or maintenance of all electrical systems except for:
(a) Travel trailers;
(b) Class A basic electrical work which includes the like-in-kind replacement of a: Contactor, relay, timer, starter, circuit board, or similar control component; household appliance; circuit breaker; fuse; residential luminaire; lamp; snap switch; dimmer; receptacle outlet; thermostat; heating element; luminaire ballast with an exact same ballast; component(s) of electric signs, outline signs, skeleton neon tubing when replaced on-site by an appropriate electrical contractor and when the sign, outline lighting, or skeleton neon tubing electrical system is not modified; ten horsepower or smaller motor; and induction detection loops described in WAC 296-46B-300(2) and used to control gate access devices.
(9) An electrical work permit is required for all installations of telecommunications systems on the customer side of the network demarcation point for projects greater than ten telecommunications outlets. All backbone installations regardless of size and all telecommunications cable or equipment installations involving penetrations of fire barriers or passing through hazardous locations require permits and inspections. For the purposes of determining the inspection threshold for telecommunications projects greater than ten outlets, the following will apply:
(a) An outlet is the combination of jacks and mounting hardware for those jacks, along with the associated cable and telecommunications closet terminations, that serve one workstation. In counting outlets to determine the inspection threshold, one outlet must not be associated with more than six standard four-pair cables or more than one twenty-five-pair cable. Therefore, installations of greater than sixty standard four-pair cables or ten standard twenty-five-pair cables require permits and inspections. (It is not the intent of the statute to allow large masses of cables to be run to workstations or spaces serving telecommunications equipment without inspection. Proper cable support and proper loading of building structural elements are safety concerns. When considering total associated cables, the telecommunications availability at one workstation may count as more than one outlet.)
(b) The installation of greater than ten outlets and the associated cables along any horizontal pathway from a telecommunications closet to work areas during any continuous ninety-day period requires a permit and inspection.
(c) All telecommunications installations within the residential dwelling units of single-family, duplex, and multifamily dwellings do not require permits or inspections. In residential multifamily dwellings, permits and inspections are required for all backbone installations, all fire barrier penetrations, and installations of greater than ten outlets in common areas.
(d) No permits or inspections are required for installation or replacement of cord and plug connected telecommunications equipment or for patch cord and jumper cross-connected equipment.
(e) Definitions of telecommunications technical terms will come from chapter 19.28 RCW, this chapter, TIA/EIA standards, and NEC.
Permit - inspection and approval.
(10) Requests for inspections.
(a) Requests for inspections must be made no later than three business days after completion of the electrical/telecommunications installation or one business day after any part of the installation has been energized, whichever occurs first.
(b) Requests for after hours or weekend inspections must be made by contacting the local electrical inspection supervisor at least three working days prior to the requested date of inspection. The portal-to-portal inspection fees required for after hours or weekend inspections are in addition to the cost of the original electrical work permit.
(c) Emergency requests to inspect repairs necessary to preserve life and equipment safety may be requested at any time.
(d) Inspections for annual electrical maintenance permits and annual telecommunications permits may be done on a regular schedule arranged by the permit holder with the department.
(11) Final inspection approval will not be made until all inspection fees are paid in full.
Permit - duration/refunds.
(12) Electrical work permits will expire one year after the date of purchase unless electrical work is actively and consistently in progress and inspections requested. Refunds are not available for:
(a) Expired electrical work permits;
(b) Electrical work permits where the electrical installation has begun; or
(c) Any electrical work permit where an electrical inspection or electrical inspection request has been made.
Permit - annual telecommunications.
(13) The chief electrical inspector can allow annual permits for the inspection of telecommunications installations to be purchased by a building owner or licensed electrical/telecommunications contractor. The owner's full-time telecommunications maintenance staff, or a licensed electrical/telecommunications contractor(s) can perform the work done under this annual permit. The permit holder is responsible for correcting all installation deficiencies. The permit holder must make available, to the electrical inspector, all records of all the telecommunications work performed and the valid electrical or telecommunications contractor's license numbers for all contractors working under the permit.
Permit - annual electrical.
(14) The chief electrical inspector can allow annual permits for the inspection of electrical installations to be purchased by a building owner or licensed electrical contractor. This type of permit is available for commercial/industrial locations employing a full-time electrical maintenance staff or having a yearly maintenance contract with a licensed electrical contractor.
The permit holder is responsible for correcting all installation deficiencies. The permit holder must make available, to the electrical inspector, all records of all electrical work performed.
This type of electrical permit may be used for retrofit, replacement, maintenance, repair, upgrade, and alterations to electrical systems at a single plant or building location. This type of permit does not include new or increased service or new square footage.
[Statutory Authority: RCW 19.28.006, 19.28.010, 19.28.031, 19.28.041, 19.28.061, 19.28.101, 19.28.131, 19.28.161, 19.28.171, 19.28.191, 19.28.201, 19.28.211, 19.28.241, 19.28.251, 19.28.271, 19.28.311, 19.28.321, 19.28.400, 19.28.420, 19.28.490, 19.28.551, 2003 c 399, 2003 c 211, 2003 c 78, and 2003 c 242. 04-12-049, § 296-46B-900, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 19.28.006, 19.28.010, 19.28.031, 19.28.041, 19.28.061, 19.28.101, 19.28.131, 19.28.161, 19.28.171, 19.28.191, 19.28.201, 19.28.211, 19.28.241, 19.28.251, 19.28.271, 19.28.311, 19.28.321, 19.28.400, 19.28.420, 19.28.490, 19.28.551, 2002 c 249, chapters 34.05 and 19.28 RCW. 03-09-111, § 296-46B-900, filed 4/22/03, effective 4/22/03.]
(1) DEFINITIONS - for purposes of this section.
(a) "Applicant" means the entity submitting an application for review.
(b) "Application" means a submittal made by an applicant seeking instructor or class approval.
(c) "Calendar day" means each day of the week, including weekends and holidays.
(d) "Class" means continuing education class or course.
(e) "Contractor" means the entity who has contracted with the department to review and approve/deny continuing education classes and instructors.
(f) "Date of notification" means the date of a request for additional information from the contractor or the approval/denial letter sent to the applicant by the contractor.
(g) "Individual" means an administrator or electrician seeking credit for continuing education.
(h) "Instructor" means an individual who is authorized to instruct an approved continuing education class.
(i) "Working day" means Monday through Friday, excluding state of Washington holidays.
(a) The department and the electrical board have the right to monitor all approved classes without notice and at no charge.
If the department or electrical board determines that the class or instructor does not meet or exceed the minimum requirements for approval or course length or instructor qualifications, the department may revoke the class or instructor approval and reduce the number of credited hours for the class.
(b) Department-offered classes and the instructors used for those classes are automatically approved and do not need to be sent to the contractor for review.
(c) Instructors who meet the minimum requirements using subsection (5)(b)(i)(D) of this section may only instruct classes sponsored by the manufacturer(s) who verified the instructors' qualifications under subsection (5)(b)(i)(D) of this section.
(d) An individual will not be given credit for the same approved continuing education class taken more than once. No credit will be granted for any class not approved per this section.
(e) Telecommunications administrators do not require continuing educations.
(f) Other administrators, master electricians, and electricians:
(i) To be eligible for renewal of an administrator certificate, master electrician or electrician certificate of competency, the individual must have completed at least eight hours of approved continuing education for each year of the prior certification period. The individual is not required to take the classes in separate years. At least eight hours of the total required continuing education must be on the currently adopted National Electrical Code changes. Beginning January 1, 2005, four hours of the required continuing education must be on the currently adopted chapter 19.28 RCW and its related WAC(s).
(ii) An individual changing an electrical administrator and an electrician certificate of competency into a master electrician's certificate of competency as allowed in RCW 19.28.191 (1)(a) or (b) must have completed at least eight hours of approved continuing education for each year of the prior electrician certificate period. The individual is not required to take the classes in separate years. Eight hours of the required continuing education must be on the currently adopted National Electrical Code changes. Beginning January 1, 2005, four hours of the required continuing education must be on the currently adopted chapter 19.28 RCW and its related WAC(s).
(iii) Any portion of a year of a prior administrator or electrician certificate period is equal to one year for the purposes of the required continuing educations.
(iv) An individual who has both an electrician certificate and an administrator certification may use the same class to fulfill the requirements for continuing education.
(g) A continuing education class attended or completed by an individual before the class's effective date cannot be used to meet the administrator or electrician certificate renewal requirements.
(h) If neither the electrical board nor the department has a contract in effect as described in this section, the department may, at its option, elect to act as the contractor. If a contractor is not in place and the department elects not to act as the contractor, the electrical board will act as the contractor. If either the electrical board or the department acts as the contractor, the following will apply:
(i) The fee for class or instructor submittal is as set in WAC 296-46B-910(4).
(ii) The electrical board or the department will:
(A) Review the application for completeness within fifteen working days after receipt.
(B) If the application is incomplete, notify the applicant within seven working days of the status of the review and what additional information is required.
(C) Complete the review and approval/denial process within fifteen working days upon receipt of a complete application or additional requested information.
(iii) An appeal of a denial by the department will be heard by the full electrical board in accordance with WAC 296-46B-995.
(3) CLASS AND INSTRUCTOR - GENERAL APPROVAL PROCESS.
(a) The contractor will review submitted class and instructor applications to determine whether the application meets the minimum requirements for approval.
(b) The contractor will deny approval of applications that do not meet the minimum requirements.
(c) All applications will be considered to be new applications (i.e., Classes and instructors may not be renewed. All applications must include all information necessary to show conformance with the minimum requirements).
(d) Minimum requirements:
(i) Application review fees:
(A) The contractor may charge a fee for review of an application. Such fees, paid by the applicant, are nonrefundable.
(B) The fee will be as set by contractor between the department and the contractor.
(C) The fee will be set for a minimum of one year.
(D) Upon mutual agreement between the department and the contractor, the fee may be raised or lowered.
(A) The applicant must submit a complete application to the contractor at least thirty calendar days prior to offering or instructing a class.
(B) The contractor will only consider material included with the application when reviewing an application.
(C) All applications will consist of:
• Two copies of all material;
• Applicant's name, address, contact name, and telephone number;
• All required fees;
• Any other information the applicant wants to consider during the review; and
• In addition, class applications will include:
– Sponsor's name, address, contact name, and telephone number;
– Class title;
– Number of continuing education hours requested for the class;
– Statement of whether the class is open to the public;
– Class syllabus (e.g., general description of the training, specific NEC articles referenced, time allowed for various subject matter, etc.);
– List of resources (e.g., texts, references, etc.);
– Copies of all visual aids;
– Sample of the completion certificate.
• In addition, instructor application will include:
– Instructor's name, address, telephone number;
– Copies of credentials or other information showing conformance with the instructor minimum qualifications.
(e) Contractor's review process:
(i) When the application is received, the contractor must:
(A) Date stamp the application;
(B) Review the application for completeness within seven working days after receipt.
(ii) If the application is incomplete, the contractor must within two working days notify the applicant of the status of the review and what additional information is required.
(A) The applicant must provide any additional information requested by the contractor within five working days after the date of notification.
(B) The contractor will deny the application if the additional required information is not received within the five working days after the date of notification.
(iii) When the contractor has received a complete application, the contractor must review and evaluate the application for compliance with the minimum requirements.
The contractor must complete the review and approval/denial process within seven working days upon receipt of a complete application or additional requested information and within two working days notify:
• The applicant in writing; and
• The chief electrical inspector in writing and electronically. The contractor's electronic notification to the chief electrical inspector must be made in a format approved by the chief electrical inspector.
(iv) A notification of denial must include:
(A) Applicant's name and telephone number;
(B) Date of denial;
(C) Sponsor's name and class title if applicable;
(D) Instructor's name if applicable; and
(E) The reason for denial.
(v) A notification of approval:
(A) For classes must include:
• Applicant's name and telephone number;
• Sponsor's name and telephone number;
• Class title;
• Class number;
• Number of hours approved for the class. Note that the contractor may reduce the hours requested in the application if the review shows that the requested number of hours is excessive;
• Effective date for this class;
• Expiration date of class;
• Category for which the class is approved (i.e., code update, RCW/WAC update, or industry related);
• Sample of written class roster and attendance sheet;
• Type of class (i.e., classroom, correspondence, internet); and
• Whether the class is open to the public.
(B) For instructors must include:
• Applicant's name and telephone number;
• Instructor's name and telephone number;
• Effective date for the approval; and
• Expiration date of the approval.
(vi) Applicant's request for review of the contractor's decision:
The applicant's may request a review of the contractor's decision to deny or modify an application:
• All requests for review must be:
• Made in writing;
• Received by the chief electrical inspector within twenty calendar days of the contractor's denial; and
• Accompanied by a review fee of $109.50. The review fee is nonrefundable.
(4) CLASS APPROVAL PROCESS.
(a) Class approval will be valid for three years except:
(i) If the class is "code update" and a new NEC is adopted by the department within the class approval period, the class approval will be considered automatically revoked; or
(ii) If the class is modified after the application is approved, the class approval will be considered automatically revoked (i.e., change in syllabus, hours, examination, etc.).
(b) Minimum requirements:
(i) Class content:
(A) Industry-related classes must be based on:
• Codes or rules included in the NEC chapters 19.28 RCW or 296-46B WAC;
• Electrical theory based on currently published documents that are readily available for retail purchase; and/or
• Materials and methods that pertain to electrical construction, building management systems, electrical maintenance, or workplace health and safety.
(B) Code update classes must be based on the latest adopted version of the NEC and must specify the NEC articles to be addressed in the class presentation.
(C) RCW/WAC update classes must be based on the latest adopted versions of chapter 19.28 RCW and/or chapter 296-46B WAC.
(ii) Class length:
(A) The minimum allowed length of a class is two hours.
(B) The maximum allowed credit for a class is twenty-four hours.
(C) Class length must based on two-hour increments (e.g., 2, 4, 6, 8, etc.).
(D) Class length must be based on the following:
• Classroom instruction will be based on the total hours the individual is in the classroom.
• Correspondence instruction will be based on:
– A written examination (i.e., twenty-five questions will equal two hours of classroom instruction). Individuals must be responsible to determine the correct answer without the assistance of the sponsor.
• Internet instruction will be based on:
– A written examination (i.e., twenty-five questions will equal two hours of classroom instruction).
• Examinations must not direct or point the individual to a correct answer or reference. Individuals must be responsible to determine the correct answer without the assistance of the sponsor.
• To successfully complete a correspondence or internet class, a participant must score at least 70% on the examination required for the class.
(iii) Class material must include:
(A) Supplementary written instruction material appropriate to the type and length of the class; and
(B) If the class is code update and is provided via correspondence or internet, the sponsor must provide the individual with a nationally recognized, copyrighted publication that covers all changes to the NEC;
(iv) Class material may include:
• Supplementary internet material;
• Supplementary texts;
• Other material as appropriate.
(v) Certificates of completion:
(A) The sponsor must award a completion certificate to each individual successfully completing the approved class. To successfully complete a correspondence or internet class, a participant must score at least 70% on the examination required for the class.
(B) The completion certificate must include the:
• Name of participant;
• Participant's Washington certificate number;
• Name of sponsor;
• Name of class;
• Date of class;
• Name of instructor;
• Location of the class:
– If a classroom-type class, the city and state in which the class was given;
– If a correspondence class, state the class is a correspondence class;
– If an internet class, state the class is an internet class;
• Class approval number;
• Number of continuing units; and
• Type of continuing education units.
(A) For classroom instruction, all instructors must be approved per this section; and
(B) For correspondence and internet instruction, the applicant must show that the sponsor regularly employs at least one staff member who meets the requirements for instructors in this section.
(5) INSTRUCTOR APPROVAL PROCESS:
(a) Instructor approval will be valid for three years except:
(i) If the instructor's credentials are invalidated (e.g., suspension or revocation by the issuing entity) for any reason, approval will be automatically revoked.
(ii) When the instructor approval expires or is revoked, a new application must be submitted to regain approved instructor status.
(b) Minimum requirements:
(i) The application must show that the instructor meets one of the following:
(A) Has a valid Washington:
General)) Administrator(( 's)), master electrician, or
electrician's certificate; (( or
• General master electrician's certificate;)) and
• Has appropriate knowledge of and experience working as an electrical/electronic trainer; or
(B) Is accredited by the Washington work force training and education coordinating board. The instructor's normal duties must include providing electrical/electronic education; or
(C) Is a high school vocational teacher, community college, college, or university instructor. The instructor's normal duties must include providing electrical/electronic education; or
(D) Works for and is approved by a manufacturer of
electrical products to teach electrical continuing education;
(E) For first-aid classes is certified by the Red Cross or other similar agency as a first-aid instructor;)) and
(ii) Any other information the applicant wants to be considered during the review.
(a) The contractor will:
Develop an appropriate form(s) for the applicant's use when submitting for instructor or class approval;
(b) Applicants must use the contractor's form when submitting an application for review.
The contractor will provide the department with appropriate material for use by the department on the electrical program website and may post the application process, review, and approval requirements on the contractor's website.
(8) CLASS ATTENDANCE:
(a) The contractor is not responsible for monitoring any individual's attendance or class completion.
(b) The department is not responsible for providing verification of an individual's continuing education history with the class sponsor;
(c) Classes offered in Washington:
(i) The sponsor must provide the department with an accurate and typed course attendance/completion roster for each class given.
(A) The attendance/completion roster must be provided within thirty days of class completion.
(B) In addition, the course sponsor must provide the attendance/completion roster in an electronic format provided by the department.
(C) The attendance/completion roster must show each individual's name, Washington certificate number, class number, location of class, date of completion, and instructor's name. The typed roster must contain the signature of the class sponsor's authorized representative.
(ii) The sponsor must provide the individual a certificate of completion within fifteen days after successful class completion. See subsection (4) of this section.
(iii) Individuals will not be granted credit for continuing education classes unless the sponsor's attendance/completion roster shows the individual successfully completed the class.
(iv) The department will keep submitted class rosters on file for four years.
(d) Classes offered in other states:
(i) For individuals to apply continuing education units earned from out-of-state classes, one of the following conditions must be met:
(A) The individual must request that the class sponsor submit a complete continuing education class application and gain approval for the class as described in this section for classes and instructors. Application for class or instructor approval will not be considered more than three years after the date the class was offered; or
(B) The department must have entered into a reciprocal agreement with the state providing class approval.
(ii) The individual must provide a copy of an accurate and completed award or certificate from the class sponsor identifying the class location, date of completion, individual's names, and Washington certificate number. The department will only accept a copy of the sponsor's certificate or form as evidence that the individual attended and completed the class.
(9) Contractor requirements:
(a) The contractor cannot be a sponsor or instructor.
(b) The contractor cannot be an employee of the department.
(c) The contractor must:
(i) Be an independent entity with no organizational, managerial, financial, design, or promotional affiliation with any sponsor or instructor covered under the contractor's review and approval/denial process;
(ii) Employ at least one staff member having a valid 01-General Administrator or 01-General Master Electrician Certificate. This staff member:
(A) Is responsible for reviewing and determining an application's approval or denial; and
(B) Must sign the written notification provided to applicants for all approvals and denials:
(iii) Receive, review, and process all applications as required in this section;
(iv) Allow the department access to the contractor's facilities during normal working hours to audit the contractor's ability to conform to the contract requirements;
(v) Treat all applications as proprietary information;
(vi) Respond to and attempt to resolve complaints contesting the review or approval/denial process performed by the applicant;
(vii) Notify the department within ten working days of any change in business status or ability to conform to this section;
(viii) Maintain one copy, original or electronic, of all applications and associated materials for a period of three years from the date of receipt.
[Statutory Authority: RCW 19.28.006, 19.28.010, 19.28.031, 19.28.041, 19.28.061, 19.28.101, 19.28.131, 19.28.161, 19.28.171, 19.28.191, 19.28.201, 19.28.211, 19.28.241, 19.28.251, 19.28.271, 19.28.311, 19.28.321, 19.28.400, 19.28.420, 19.28.490, 19.28.551, 2003 c 399, 2003 c 211, 2003 c 78, and 2003 c 242. 04-12-049, § 296-46B-970, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 19.28.006, 19.28.010, 19.28.031, 19.28.041, 19.28.061, 19.28.101, 19.28.131, 19.28.161, 19.28.171, 19.28.191, 19.28.201, 19.28.211, 19.28.241, 19.28.251, 19.28.271, 19.28.311, 19.28.321, 19.28.400, 19.28.420, 19.28.490, 19.28.551, 2002 c 249, chapters 34.05 and 19.28 RCW. 03-09-111, § 296-46B-970, filed 4/22/03, effective 5/23/03.]