WSR 04-17-094

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 17, 2004, 10:12 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-14-088.

     Title of Rule and Other Identifying Information: WAC 296-46B-900 Electrical work and permits and fees, 296-46B-905 Inspection, 296-46B-915 Civil penalty schedule, 296-46B-925 Electrical/telecommunications contractor's license, and 296-46B-970 Continuing education. General requirements -- Continuing education classes requirements for administrator, master electrician, and electrician renewal.

     This rule proposal is related to an emergency rule that went into effect on August 2, 2004, as WSR 04-16-076.

     Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.E., Olympia, WA 98504, on September 21, 2004, at 8:00 a.m.; and at the Department of Labor and Industries, 3001 West Broadway Avenue, Moses Lake, WA, on September 22, 2004, at 10:00 a.m.

     Date of Intended Adoption: October 20, 2004.

     Submit Written Comments to: Christine Swanson, 7273 Linderson Way, Olympia, WA 98504-4400, e-mail copc235@lni.wa.gov, fax (360) 902-5292, by September 22, 2004.

     Assistance for Persons with Disabilities: Contact Christine Swanson by September 7, 2004, TTY (360) 902-5797 or (360) 902-6411.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making proposes to make the following amendments to the electrical work and permits and fees rules:

•     A permit will no longer be required to perform only maintenance work on a sign.

•     This requirement was an unintended consequence of a rule making in 2003. This amendment will restore previous business practices.

•     Any electrician with a certificate to teach continuing education classes may be an electrical instructor, this includes, all administrators and all electricians including specialty electricians.

     An emergency rule went into effect August 2, 2004, (WSR 04-16-076) to immediately put the above rules in effect. This rule making will make these amendments permanent.

     This rule making also proposes to:

•     When service call companies respond to a call they do not know exactly what type of work will need to be performed. Under the current rules, before they can perform most types of electrical work they can do two things: 1) Call back to the office and have them immediately purchase an electrical permit or 2) leave the job and go to L&I and purchase a permit. Both options are a work stoppage challenge for this industry and do not make business sense. This rule proposal will create a provisional electrical permit to allow service call companies some flexibility with permitting. The department will allow this provisional permit as long as an electrical permit is purchased within two working days after posting the provisional permit.

•     The definition of independent power producer is clearly defined per directive from the Electrical Board in a policy. This rule making proposes to place the policy language into rule. The policy will be repealed.

     Reasons Supporting Proposal: See Purpose above.

     Statutory Authority for Adoption: Chapter 19.28 RCW, Electricians and electrical installations.

     Statute Being Implemented: Chapter 19.28 RCW, Electricians and electrical installations.

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: See Purpose above.

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

     Name of Agency Personnel Responsible for Drafting: Ron Fuller, Tumwater, Washington, (360) 902-5249; Implementation and Enforcement: Patrick Woods, Tumwater, Washington, (360) 902-6348.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department evaluated the proposed rules and determined that there is no increase in costs to business, therefore, we did not prepare a small business economic impact statement or a cost-benefit analysis.

     A cost-benefit analysis is not required under RCW 34.05.328. The department evaluated the proposed rules and determined that there is no increase in costs to business, therefore, we did not prepare a small business economic impact statement or a cost-benefit analysis.

August 17, 2004

Paul Trause

Director

OTS-7436.2


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 or equipment 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 lighting, 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.

     A provisional electrical work permit label may be posted in lieu of an electrical work permit. If a provisional electrical work permit label is used, an electrical work permit must be obtained within two working days after posting the provisional electrical work permit label.

     (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.

     Provisional electrical work permit - use/duration/refunds.

     (15) Only licensed electrical contractors can use provisional electrical work permits.

     (16) If a provisional electrical work permit label is used, the following requirements must be met:

     (a) The certified electrician performing the installation must affix the provisional electrical work permit label on the cover of the panelboard or overcurrent device supplying power to the circuit or equipment prior to beginning the work.

     (b) The job site portion of the label must include the following:

     (i) Date the work is begun;

     (ii) Electrical contractor's name;

     (iii) Electrical contractor's license number; and

     (iv) Short description of the work.

     (c) The contractor portion of the label must include the following:

     (i) Date the work is begun;

     (ii) Electrical contractor's license number;

     (iii) Job site address;

     (iv) Owner's name; and

     (v) Short description of the work.

     (d) The label must be filled in using sunlight and weather resistant ink.

     (e) The electrical contractor must return the contractor's portion of the label to the department of labor and industries, electrical section office having jurisdiction for the inspection, within one working day after the job site portion of the label is affixed. Either receipt by department of labor and industries or postmark to a valid department of labor and industries electrical address is acceptable for meeting this requirement.

     (17) Refunds are not available for provisional electrical work permit labels.

     (18) Provisional electrical work permit labels will be sold in blocks of twenty.

     (19) Any electrical contractor purchasing a provisional electrical work permit label may be audited for compliance with the provisions for purchasing, inspection, reporting of installations, and any other requirement of usage.

     Class B electrical work permit - use.

     (20) The electrical contractor must return the contractor's portion of the Class B label to the department of labor and industries, chief electrical inspector, within five working days after destroying or voiding any label.

     (21) The electrical contractor is responsible for safekeeping of all purchased Class B labels.

[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.]


AMENDATORY SECTION(Amending WSR 04-12-049, filed 5/28/04, effective 6/30/04)

WAC 296-46B-905   Inspection fees.   To calculate inspection fees, the amperage is based on the conductor ampacity or the overcurrent device rating. The total fee must not be less than the number of progress inspection (one-half hour) units times the progress inspection fee rate from subsection (8) of this section, PROGRESS INSPECTIONS.

     The amount of the fee due is calculated based on the fee effective at the date of a department assessed fee (e.g., plan review or fee due) or when the electrical permit is purchased.

(1) Residential.
(a) Single- and two-family residential (new construction).
Notes:

(1) Square footage is the area included within the surrounding exterior walls of a building exclusive of any interior courts. (This includes any floor area in an attached garage, basement, or unfinished living space.)

(2) "Inspected with the service" means that a separate service inspection fee is included on the same electrical work permit.

(3) "Inspected at the same time" means all wiring is to be ready for inspection during the initial inspection trip.

(4) An "outbuilding" is a structure that serves a direct accessory function to the residence, such as a pump house or storage building. Outbuilding does not include buildings used for commercial type occupancies or additional dwelling occupancies.

(i) First 1300 sq. ft. $73.00
Each additional 500 sq. ft. or portion of $23.40
(ii) Each outbuilding or detached garage - inspected at the same time as a dwelling unit on the property $30.50
(iii) Each outbuilding or detached garage - inspected separately $48.10
(iv) Each swimming pool - inspected with the service $48.10
(v) Each swimming pool - inspected separately $73.00
(vi) Each hot tub, spa, or sauna - inspected with the service $30.50
(vii) Each hot tub, spa, or sauna - inspected separately $48.10
(viii) Each septic pumping system - inspected with the service $30.50
(ix) Each septic pumping system - inspected separately $48.10
(b) Multifamily residential and miscellaneous residential structures, services and feeders (new construction).
Each service and/or feeder
Ampacity Service/Feeder Additional Feeder
0 to 200 $78.70 $23.40
201 to 400 $97.80 $ 48.10
401 to 600 $134.30 $66.90
601 to 800 $172.30 $91.80
801 and over $245.70 $184.30
(c) Single or multifamily altered services or feeders including circuits.
(i) Each altered service and/or altered feeder
Ampacity Service or Feeder
0 to 200 $66.90
201 to 600 $97.80
601 and over $147.40
(ii) Maintenance or repair of a meter or mast (no alterations to the service or feeder) $36.30
(d) Single or multifamily residential circuits only (no service inspection).
Note:

Altered or added circuit fees are calculated per panelboard. Total cost of the alterations in an individual panel should not exceed the cost of a complete altered service or feeder of the same rating, as shown in subsection (1) RESIDENTIAL (c) (table) of this section.

(i) 1 to 4 circuits (see note above) $48.10
(ii) Each additional circuit (see note above) $5.30
(e) Mobile homes, modular homes, mobile home parks, and RV parks.
(i) Mobile home or modular home service or feeder only $48.10
(ii) Mobile home service and feeder $78.70
(f) Mobile home park sites and RV park sites.
Note:

For master service installations, see subsection (2) COMMERCIAL/INDUSTRIAL of this section.

(i) First site service or site feeder $48.10
(ii) Each additional site service; or additional site feeder inspected at the same time as the first service or feeder $30.50
(2) Commercial/industrial.
(a) New service or feeder, and additional new feeders inspected at the same time (includes circuits).
Note:

For large COMMERCIAL/INDUSTRIAL projects that include multiple feeders, "inspected at the same time" can be interpreted to include additional inspection trips for a single project. The additional inspections must be for electrical work specified on the permit at the time of purchase. The permit fee for such projects must be calculated from (2)(a)(table) of this section. However, the total fee must not be less than the number of progress inspection (one-half hour) units times the progress inspection fee rate from subsection (8) PROGRESS INSPECTIONS of this section.

Service/feeders
Ampacity Service/Feeder Additional Feeder
0 to 100 $78.70 $48.10
101 to 200 $95.80 $61.30
201 to 400 $184.30 $73.00
401 to 600 $214.80 $85.80
601 to 800 $277.70 $116.90
801 to 1000 $339.00 $141.40
1001 and over $369.80 $197.30
(b) Altered services or feeders (no circuits).
(i) Service/feeders
Ampacity Service or Feeder
0 to 200 $78.70
201 to 600 $184.30
601 to 1000 $277.70
1001 and over $308.40
(ii) Maintenance or repair of a meter or mast (no alterations to the service or feeder) $66.90
(c) Circuits only.
Note:

Altered/added circuit fees are calculated per panelboard. Total cost of the alterations in a panel (or panels) should not exceed the cost of a new feeder (or feeders) of the same rating, as shown in subsection (2) COMMERCIAL/INDUSTRIAL (2)(a)(table) above.

(i) First 5 circuits per branch circuit panel $61.30
(ii) Each additional circuit per branch circuit panel $5.30
(d) Over 600 volts surcharge per permit. $61.30
(3) Temporary service(s).
Note:

(1) See WAC 296-46B-527 for information about temporary installations.

(2) Temporary stage or concert inspections requested outside of normal business hours will be subject to the portal-to-portal hourly fees in subsection (11) OTHER INSPECTIONS. The fee for such after hours inspections shall be the greater of the fee from this subsection or the portal-to-portal fee.

Temporary services, temporary stage or concert productions.
Ampacity Service or Feeder Additional Feeder
0 to 60 $42.20 $21.60
61 to 100 $48.10 $23.40
101 to 200 $61.30 $30.50
201 to 400 $73.00 $36.40
401 to 600 $97.80 $48.10
601 and over $110.90 $55.30
(4) Irrigation machines, pumps, and equipment.
Irrigation machines.
(a) Each tower - when inspected at the same time as a service and feeder from (2) COMMERCIAL/INDUSTRIAL $5.30
(b) Towers - when not inspected at the same time as a service and feeders - 1 to 6 towers $73.00
(c) Each additional tower $5.30
(5) Miscellaneous - commercial/industrial and residential.
(a) Low-voltage thermostats controlling a single piece of utilization equipment.
(i) First thermostat $36.40
(ii) Each additional thermostat inspected at the same time as the first $11.40
(b) Low-voltage systems and telecommunications systems. Includes all telecommunications installations, fire alarm and burglar alarm, nurse call, intercom, security systems, energy management control systems, HVAC/refrigeration control systems (other than thermostats above), industrial and automation control systems, lighting control systems, stand-alone sound systems, public address, and similar low-energy circuits and equipment.
(i) First 2500 sq. ft. or less $42.20
(ii) Each additional 2500 sq. ft. or portion thereof $11.40
(c) Signs and outline lighting.
(i) First sign (no service included) $36.40
(ii) Each additional sign inspected at the same time on the same building or structure $17.30
(d) Berth at a marina or dock.
Note:

Five berths or more shall be permitted to have the inspection fees based on appropriate service and feeder fees from section (2) COMMERCIAL/INDUSTRIAL (a) (i) above.

(i) Berth at a marina or dock $48.10
(ii) Each additional berth inspected at the same time $30.50
(e) Yard pole, pedestal, or other meter loops only.
(i) Yard pole, pedestal, or other meter loops only $48.10
(ii) Meters installed remote from the service equipment and inspected at the same time as a service, temporary service or other installations $11.40
(f) Emergency inspections requested outside of normal working hours.
Regular fee plus surcharge of: $91.80
(g) Generators.
Note:

Permanently installed generators: Refer to the appropriate residential or commercial new/altered service or feeder section.

Portable generators: Permanently installed transfer equipment for portable generators $66.90
(h) Electrical - annual permit fee.
Note:

See WAC 296-46B-900(14).

For commercial/industrial location employing full-time electrical maintenance staff or having a yearly maintenance contract with a licensed electrical contractor. Note, all yearly maintenance contracts must detail the number of contractor electricians necessary to complete the work required under the contract. This number will be used as a basis for calculating the appropriate fee. Each inspection is based on a 2-hour maximum.
Inspections Fee
1 to 3 plant electricians 12 $1,765.50
4 to 6 plant electricians 24 $3,532.80
7 to 12 plant electricians 36 $5,298.90
13 to 25 plant electricians 52 $7,066.20
More than 25 plant electricians 52 $8,833.50
(i) Telecommunications - annual permit fee.
Note:

(1) See WAC 296-46B-900(13).

(2) Annual inspection time required may be estimated by the purchaser at the rate for "OTHER INSPECTIONS" in this section, charged portal-to-portal per hour.

For commercial/industrial location employing full-time telecommunications maintenance staff or having a yearly maintenance contract with a licensed electrical/telecommunications contractor.
2-hour minimum $146.10
Each additional hour, or portion thereof, of portal-to-portal inspection time $73.00
(j) Permit requiring ditch cover inspection only.
Each 1/2 hour, or portion thereof $36.40
(k) Cover inspection for elevator/conveyance installation. This item is only available to a licensed/registered elevator contractor. $61.30
(6) Carnival inspections.
(a) First carnival field inspection each calendar year.
(i) Each ride and generator truck $17.30
(ii) Each remote distribution equipment, concession, or gaming show $5.30
(iii) If the calculated fee for first carnival field inspection above is less than $89.00, the minimum inspection fee shall be: $91.80
(b) Subsequent carnival inspections.
(i) First ten rides, concessions, generators, remote distribution equipment, or gaming show $91.80
(ii) Each additional ride, concession, generator, remote distribution equipment, or gaming show $5.30
(c) Concession(s) or ride(s) not part of a carnival.
(i) First field inspection each year of a single concession or ride, not part of a carnival $73.00
(ii) Subsequent inspection of a single concession or ride, not part of a carnival $48.10
(7) Trip fees.
(a) Requests by property owners to inspect existing installations. (This fee includes a maximum of one hour of inspection time. All inspection time exceeding one hour will be charged at the rate for progressive inspections.) $73.00
(b) Submitter notifies the department that work is ready for inspection when it is not ready. $36.40
(c) Additional inspection required because submitter has provided the wrong address or incomplete, improper or illegible directions for the site of the inspection. $36.40
(d) More than one additional inspection required to inspect corrections; or for repeated neglect, carelessness, or improperly installed electrical work. $36.40
(e) Each trip necessary to remove a noncompliance notice. $36.40
(f) Corrections that have not been made in the prescribed time, unless an exception has been requested and granted. $36.40
(g) Installations that are covered or concealed before inspection. $36.40
(8) Progress inspections.
Note:

The fees calculated in subsections (1) through (6) of this section will apply to all electrical work. This section will be applied to a permit where the permit holder has requested additional inspections beyond the number supported by the permit fee calculated at the rate in subsections (1) through (6) of this section.

On partial or progress inspections, each 1/2 hour. $36.40
(9) Plan review.
Fee is thirty-five percent of the electrical work permit fee as determined by WAC 296-46B-905, plus a plan review submission and shipping/handling fee of: $61.30
(a) Supplemental submissions of plans per hour or fraction of an hour of review time. $73.00
(b) Plan review shipping and handling fee. $17.30
(10) Out-of-state inspections.
(a) Permit fees will be charged according to the fees listed in this section.
(b) Travel expenses:
All travel expenses and per diem for out-of-state inspections are billed following completion of each inspection(s). These expenses can include, but are not limited to: Inspector's travel time, travel cost and per diem at the state rate. Travel time is hourly based on the rate in subsection (11) of this section.
(11) Other inspections.
Inspections not covered by above inspection fees must be charged portal-to-portal per hour: $73.00
(12) Refund processing fee.
All requests for permit fee refunds will be assessed a processing fee. (Refund processing fees will not be charged for electrical contractors, using the contractor deposit system, who request less than twenty-four refunds during a rolling calendar year.) $11.40
(13) Variance request processing fee.
Variance request processing fee. This fee is nonrefundable once the transaction has been validated. $73.00
(14) Marking of industrial utilization equipment.
(a) Standard(s) letter review (per hour of review time). $73.00
(b) Equipment marking - charged portal-to-portal per hour: $73.00
(c) All travel expenses and per diem for in/out-of-state review and/or equipment marking are billed following completion of each inspection(s). These expenses can include, but are not limited to: Inspector's travel time, travel cost and per diem at the state rate. Travel time is hourly based on the rate in (b) of this subsection.
(15) Class B basic electrical work labels.
(a) Block of twenty Class B basic electrical work labels (not refundable). $200.00
(b) Reinspection of Class B basic electrical work to assure that corrections have been made (per 1/2 hour). $36.40
(16) Provisional electrical work permit labels.
(a) Block of twenty provisional electrical work permit labels. $200.00

[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-905, 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, and chapter 19.28 RCW. 03-18-089, § 296-46B-905, filed 9/2/03, effective 10/3/03. 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-905, filed 4/22/03, effective 4/22/03.]


AMENDATORY SECTION(Amending WSR 04-12-049, filed 5/28/04, effective 6/30/04)

WAC 296-46B-915   Civil penalty schedule.  

     • Each day that a violation occurs will be a separate offense.

     • Once a violation of chapter 19.28 RCW or chapter 296-46B WAC becomes a final judgment, any additional violation within three years becomes a "second" or "additional" offense subject to an increased penalty as set forth in the following tables.

     • In case of continued, repeated or gross violation of the provisions of chapter 19.28 RCW or this chapter, or if property damage or bodily injury occurs as a result of the failure of a person, firm, partnership, corporation, or other entity to comply with chapter 19.28 RCW or this chapter the department may double the penalty amounts shown in subsections (1) through (13) of this section.

     • A person, firm, partnership, corporation or other entity who violates a provision of chapter 19.28 RCW or chapter 296-46B WAC is liable for a civil penalty based upon the following schedule.

    
(1) Offering to perform, submitting a bid for, advertising, installing or maintaining cables, conductors or equipment:
(a) That convey or utilize electrical current without having a valid electrical contractor's license.
(b) Used for information generation, processing, or transporting of signals optically or electronically in telecommunications systems without having a valid telecommunications contractor's license.
First offense: $500
Second offense: $1,500
Third offense: $3,000
Each offense thereafter: $6,000
(2) Employing an individual for the purposes of chapter 19.28 RCW who does not possess a valid certificate of competency or training certificate to do electrical work.
First offense: $100
Each offense thereafter: $500
(3) Performing electrical work without having a valid certificate of competency or electrical training certificate.
First offense: $250
Each offense thereafter: $500
(4) Employing electricians and electrical trainees for the purposes of chapter 19.28 RCW in an improper ratio. Contractors found to have violated this section three times in a three-year period must be the subject of an electrical audit in accordance with WAC 296-46B-975.
First offense: $250
Each offense thereafter: $500
(5) Failing to provide proper supervision to an electrical trainee as required by chapter 19.28 RCW. Contractors found to have violated this section three times in a three-year period must be the subject of an electrical audit in accordance with WAC 296-46B-975.
First offense: $250
Each offense thereafter: $500
(6) Working as an electrical trainee without proper supervision as required by chapter 19.28 RCW.
First offense: $50 (see note E)
Second offense: $250
Each offense thereafter: $500
(7) Offering, bidding, advertising, or performing electrical or telecommunications installations, alterations or maintenance outside the scope of the firm's specialty electrical or telecommunications contractors license.
First offense: $500
Second offense: $1,500
Third offense: $3,000
Each offense thereafter: $6,000
(8) Selling or exchanging electrical equipment associated with spas, hot tubs, swimming pools or hydromassage bathtubs which are not listed by an approved laboratory.
First offense: $500
Second offense: $1,000
Each offense thereafter: $2,000
Definition:

The sale or exchange of electrical equipment associated with hot tubs, spas, swimming pools or hydromassage bathtubs includes to: "Sell, offer for sale, advertise, display for sale, dispose of by way of gift, loan, rental, lease, premium, barter or exchange."

(9) Covering or concealing installations prior to inspection.
First offense: $250 (see note E)
Second offense: $1,000
Each offense thereafter: $2,000
(10) Failing to make corrections within fifteen days of notification by the department.
Exception:

Where an extension has been requested and granted, this penalty applies to corrections not completed within the extended time period.

First offense: $250 (see note E)
Second offense: $1,000
Each offense thereafter: $2,000
(11) Failing to obtain or post an electrical/telecommunications work permit or provisional electrical work permit label prior to beginning the electrical/telecommunications installation or alteration.
Exception:

In cases of emergency repairs to existing electrical/telecommunications systems, this penalty will not be charged if the permit is obtained and posted no later than the business day following beginning work on the emergency repair.

First offense: $250
((Homeowner - First offense: $50))
Second offense: $1,000
Each offense thereafter: $2,000
(12) Violating chapter 19.28 RCW duties of the electrical/telecommunications administrator.
First offense: $100 (see note E except for RCW 19.28.061 (5)(a) or 19.28.430 (3)(a))
Second offense: $750
Third offense: $1,500
Each offense thereafter: $3,000
(13) Violating any of the provisions of chapter 19.28 RCW or chapter 296-46B WAC which are not identified in subsections (1) through (12) of this section.
RCW 19.28.161 through 19.28.271 and the rules developed pursuant to them.
First offense: $250
Each offense thereafter: $500
All other chapter 19.28 RCW provisions and the rules developed pursuant to them.
First offense: $250
Second offense: $750
Each offense thereafter: $2,000

E: Upon written request to the chief electrical inspector, the penalty amount will be waived for the first citation issued within a three-year period. The written request must be received by the department no later than twenty days after notice of penalty. If a subsequent citation is issued within a three-year period and found to be a final judgment, the penalty amount for the first citation will be reinstated and immediately due and payable. Penalty waivers will not be granted for any citation being appealed under WAC 296-46B-995(11).

[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-915, 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-915, filed 4/22/03, effective 4/22/03.]


AMENDATORY SECTION(Amending WSR 04-12-049, filed 5/28/04, effective 6/30/04)

WAC 296-46B-925   Electrical/telecommunications contractor's license.   General.

     (1) The department will issue an electrical/telecommunications contractor's license that will expire twenty-four months following the date of issue to a person, firm, partnership, corporation or other entity that complies with requirements for such license in chapter 19.28 RCW. An electrical/telecommunications contractor's license will not be issued to or renewed for a person, firm, or partnership unless the Social Security number, date of birth, and legal address of the individual legal owner(s) are submitted with the application. The department may issue an electrical/telecommunications contractor's license for a period greater or less than twenty-four months for the purpose of equalizing the number of electrical contractor's licenses that expire each month. The department may prorate the electrical/telecommunications contractor's license fee according to the license period.

     (2) Combination specialty contractor's license. The department may issue a combination specialty contractor's license to a firm that qualifies for more than one specialty electrical contractor's license. The assigned administrator must be certified in all specialties applicable to the combination specialty contractor's license. The license will plainly indicate the specialty licenses' codes included in the combination license. An administrator assigned to a telecommunications contractor must be certified as a telecommunications administrator. A combination license will not be issued for telecommunications (09).

     (3) The department may deny renewal of an electrical/telecommunications contractor's license if a firm, an owner, partner, member, or corporate officer owes money as a result of an outstanding final judgment(s) to the department.


Electrical/telecommunications contractor cash or securities deposit.

     (4) Cash or securities deposit. The electrical/telecommunications contractor may furnish the department with a cash or security deposit to meet the bond requirements in lieu of posting a bond. A cash or security deposit assigned to the department for bond requirements will be held in place for one year after the contractor's license is expired, revoked, or the owner notifies the department in writing that the company is no longer doing business in the state of Washington as an electrical/telecommunications contractor. Upon written request, the cash or security deposit will then be released by the department providing there is no pending legal action against the contractor under chapter 19.28 RCW of which the department has been notified.


Telecommunications contractor insurance.


     (5) To obtain a telecommunications contractor's license, the applicant must provide the department with an original certificate of insurance naming the department of labor and industries, electrical section as the certificate holder. Insurance coverage must be no less than twenty thousand dollars for injury or damages to property, fifty thousand dollars for injury or damage including death to any one person, and one hundred thousand dollars for injury or damage including death to more than one person. The insurance will be considered a continuing obligation unless canceled by the insurance company. The insurance company must notify the department in writing ten days prior to the effective date of said cancellation or failure to renew.

     (6) The telecommunications contractor may furnish the department with an assigned account to meet the insurance requirements in lieu of a certificate of insurance. An account assigned to the department for insurance requirements will be held in place for three years after the contractor's license is expired, revoked, or the owner notifies the department in writing that the company is no longer doing business in the state of Washington as a telecommunications contractor. Upon written request, the account then will be released by the department providing there is no pending legal action against the contractor under chapter 19.28 RCW of which the department has been notified.


Electrical/telecommunications contractor exemptions.


     (7) The following types of systems and circuits are considered exempt from the requirements for licensing and permitting described in chapter 19.28 RCW. The electrical failure of these systems does not inherently or functionally compromise safety to life or property.

     Low-voltage thermocouple derived circuits and low-voltage circuits for:

     (a) Built-in residential vacuum systems;

     (b) Underground landscape sprinkler systems;

     (c) Underground landscape lighting; and

     (d) Residential garage doors.

     For these types of systems and circuits to be considered exempt, the following conditions must be met:

     (e) The power supplying the installation must be derived from a listed Class 2 power supply;

     (f) The installation and termination of line voltage equipment and conductors supplying these systems is performed by appropriately licensed and certified electrical contractors and electricians;

     (g) The conductors of these systems do not pass through fire-rated walls, fire-rated ceilings or fire-rated floors in other than residential units; and

     (h) Conductors or luminaires are not installed in installations covered by the scope of Article 680 NEC (swimming pools, fountains, and similar installations).

     (8) Firms who clean and/or replace lamps in luminaires are not included in the requirements for licensing in chapter 19.28 RCW. This exemption does not apply to electric signs as defined in the NEC.

     (9) Firms who install listed plug and cord connected equipment are not included in the requirements for licensing in chapter 19.28 RCW. The plug and cord must be a single listed unit consisting of a molded plug and cord and not exceed 250 volt 60 ampere single phase. The plug and cord can be field installed per the manufacturer's instructions and the product listing requirements. The equipment must be a single manufactured unit that does not require any electrical field assembly except for the installation of the plug and cord.

     (10) Firms regulated by the Federal Communications Commission or the utilities and transportation commission, supplying telecommunications service to an end-user's property, are not required to be licensed as a telecommunications contractor under chapter 19.28 RCW for telecommunications installations made ahead of the telecommunications network demarcation point.

     (11) Unregulated firms, supplying telecommunications service to an end-user's property, are not required to be licensed as a telecommunications contractor under chapter 19.28 RCW for telecommunications installations made ahead of the telecommunications network demarcation point.

     (12) Leaseholders. For electrical installations, maintenance, or alterations to existing buildings only, any person, firm, partnership, corporation, or other entity holding a valid, signed lease from the property owner authorizing the leaseholder to perform electrical work, on the property the leaseholder occupies, will be allowed to purchase an electrical permit(s) and do electrical work on or within the property described in the lease. The lessee and/or his or her regularly employed employees must perform the electrical installation, maintenance and alteration.

     The lessee who performs the electrical maintenance or installation work must be the sole occupant of the property or space. Property owners or leaseholders cannot perform electrical work on new buildings for rent, sale, or lease, without the proper electrical licensing and certification. Refer to RCW 19.28.261 for exemptions from licensing and certification.

     (13) Assisting a householder. A friend, neighbor, relative, or other person (including a certified electrician) may assist a householder, at his/her residence in the performance of electrical work on the condition that the householder is present when the work is performed and the person assisting the householder does not accept money or other forms of compensation for the volunteer work. For the purposes of this subsection, a residence is a single-family residence.

     (14) Volunteering to do electrical work. There are no exceptions from the electrical contractor's license or electrician certification requirements to allow persons to perform volunteer electrical work for anyone other than a householder or a nonprofit organization as allowed by RCW 19.28.091(7). For the purpose of this section, volunteer means that there is no remuneration or receiving of goods or services in return for electrical installations performed.

     (15) Farms or place of business. See RCW 19.28.261 for licensing/certification exemptions allowed for the owner(s) of a farm or other place of business and for the employees of the owner.


Exemptions - electrical utility and electrical utility's contractor.


     (16) Electrical utility system exemption. Neither a serving electrical utility nor a contractor employed by the serving electrical utility is required to have an electrical contractor's license for work on the "utility system" or on service connections or on meters and other apparatus or appliances used to measure the consumption of electricity.

     (a) Street lighting exemption. A serving electrical utility is not required to have an electrical contractor's license or electrical permit to work on electrical equipment used in the lighting of streets, alleys, ways, or public areas or squares.

     Utilities are allowed to install outside area lighting on privately owned property where the lighting fixture(s) is installed on a utility owned pole(s) used to support utility owned electric distribution wiring or equipment designed to supply electrical power to a customer's property.

     Utilities are allowed to install area lighting outside and not attached to a building or other customer owned structure when the areas are outside publicly owned buildings such as: Publicly owned/operated parking lots, parks, schools, play fields, beaches, and similar areas; or the areas are privately owned where the public has general, clear and unrestricted access such as: Church parking lots, and commercial property public parking areas and similar areas.

     Utilities are not allowed to install area lighting when the area is privately owned and the public does not have general, clear, and unrestricted access such as industrial property, residential property and controlled commercial property where the public's access is otherwise restricted.

     Utilities are not allowed to install area lighting where the lighting is supplied from a source of power derived from a customer owned electrical system.

     (b) Customer-owned equipment exemption. A serving electrical utility is not required to have an electrical contractor's license to work on electrical equipment owned by a commercial, industrial, or public institution customer if:

     (i) The utility has not solicited such work; and

     (ii) Such equipment:

     (A) Is located outside a building or structure; and

     (B) The work performed is on the primary side of the customer's transformer(s) which supplies power at the customer's utilization voltage.

     (c) Exempted equipment and installations. No person, firm, partnership, corporation, or other entity is required to have an electrical contractor's license for work on electrical equipment and installations thereof that are exempted by RCW 19.28.091.

     (d) Exemption from inspection.

     (i) The work of a serving electrical utility and its contractors on the utility system is not subject to inspection. The utility is responsible for inspection and approval for the installation.

     (ii) Work exempted by NEC 90.2 (B)(5), 1981 edition, is not subject to inspection.


Exemptions - electrical utility telecommunications transition equipment installations, maintenance and repair.


     (17) Until July 1, 2005, no license, inspection or other permit will be required by the department of any electric utility or, of any person, firm, partnership or corporation or other entity employed or retained by an electric utility or its contractor, because of work in connection with the installation, maintenance, or repair of telecommunications transition equipment located ahead of the utility's telecommunications network demarcation point on the outside of a building or other structure when the work is performed by a qualified person consistent with the requirements of the National Electric Code (NEC) except as provided in (a) and (b) of this subsection:

     (a) The following exceptions to the NEC shall be permitted:

     (i) An additional service disconnect supplying power to the transition equipment can be connected on the supply side of the main service disconnect supplying general power to the building;

     (ii) Service entrance disconnects may be separated when clearly labeled;

     (iii) The service disconnect used for supplying power to the transition equipment must be connected to the grounding electrode system using:

     (A) # 8 AWG copper or larger grounding electrode conductor if protected from physical damage; or

     (B) # 6 AWG copper or larger grounding electrode conductor if not protected from physical damage;

     (iv) Use of equipment or materials that have been listed/field evaluated by a recognized independent testing laboratory or the department;

     (v) Low-voltage circuits do not require a separate disconnecting means and may be grounded to the transition equipment grounding system;

     (vi) Any other variance to the NEC must be approved by the department.

     (b) A variance recommended by a joint utility standards group composed of representatives of both public and private utilities or certified by a professional engineer will be approved by the department unless the recommendation is inconsistent with meeting equivalent objectives for public safety.

     (c) For the purposes of this section, a qualified worker is employed by a utility or its contractor and is familiar with the construction or operation of such lines and/or equipment that concerns his/her position and who is proficient with respect to the safety hazards connected therewith, or, one who has passed a journey status examination for the particular branch of the electrical trades with which he/she may be connected or is in a recognized training or apprenticeship course and is supervised by a journey level person.

     (d) Although the utility is responsible for inspection and approval of the installation, including the selection of material and equipment, the department reserves the right to audit worker qualifications and inspect such installations semiannually for conformance with the requirements of (a), (b) and (c) of this subsection but shall not collect a permit fee for such inspection or audit.

     (e) If a utility fails to meet the requirements of this section, the department may require the utility to develop and submit a remedial action plan and schedule to attain compliance with this section which may be enforced by the department.

     (f) This exemption shall be in addition to any other exemption provided in chapter 19.28 RCW, this chapter or other applicable law.


Exemptions - independent electrical power production equipment exemption.


     (18) An independent electrical power production entity is not required to have an electrical contractor's license to work on electrical equipment used to produce or transmit electrical power if:

     (a) The entity is:

     (i) The owner or operator of the generating facility is regulated by the Federal Energy Regulatory Commission (FERC);

     (ii) A municipal utility, or other form of governmental electric utility, or by an electrical cooperative or mutual corporation; or

     (iii) The owner or operator of the generating facility ((and)) is an independent electrical power producer and the facility generates electrical power only for sale to one or more:

     ((Is an independent electrical power producer and the facility generates electrical power only for sale to one or more:

     •)) (A) Electrical utilities regulated by FERC, municipal utility, or other form of governmental utility, or to an electric cooperative or mutual corporation; and

     ((•)) (B) The electrical power generated by the facility is not used for self-generation or any other on- or off-site function other than sale to one or more utilities regulated by FERC or by one or more state public utilities commissions, or to a PUD, municipal utility, or other form of governmental electric utility, or to an electric cooperative or mutual corporation.

     (b) The entity must supply the chief electrical inspector a valid master business license issued by the department of licensing, state of Washington so that the entity's status as a revenue generating business can be confirmed.

     (c) The entity has entered into an agreement to sell electricity to a utility or to a third party; and

     (((c))) (d) The electrical equipment is used to transmit electricity from the terminals of an electrical generating unit located on premises to the point of interconnection with a utility system.

     (((d))) (e) The electrical power production facility's generation capacity exceeds 115 KVA.

     (f) Notwithstanding that a generating facility may be granted an exemption pursuant to this section, the facility will be subject to all the requirements of chapter 19.28 RCW if the facility at any time in the future ceases to comply with the requirements for exemption. All site facilities not exclusively and directly required to generate and/or distribute the electrical power generated on the site are subject to all the licensing and inspection requirements of chapter 19.28 RCW. All facility services, feeders, and circuits not exclusively and directly required to generate and/or distribute the electrical power (e.g., lights, outlets, etc.) must comply with all requirements of chapter 19.28 RCW for licensing and inspection. Facility circuits supplied to equipment required for the function of generation equipment (e.g., block heaters, power supplies, etc.) must comply with all requirements of chapter 19.28 RCW for licensing and inspection up to and including the equipment termination point.


Exemptions - telegraph and telephone utility and telegraph and telephone utility's contractor.


     (19) Telegraph and telephone utility exempted equipment and installations. No person, firm, partnership, corporation, or other entity is required to have an electrical contractor's license for work on electrical equipment and installations thereof that are exempted by RCW 19.28.151. For the purposes of this exemption, "building or buildings used exclusively for that purpose" may mean any separate building or space of a building where the space is separated from the remainder of the building by a two-hour fire wall. The telecommunications or telegraph equipment within such a space must supply telephone or telegraph service to other customer's buildings (i.e., telecommunications or telegraph equipment cannot solely supply the building containing the telephone/telegraph space).


Exemptions - manufacturers of electrical/telecommunications products.


     (20) Manufacturers of electrical/telecommunications systems products will be allowed to utilize a manufacturer's authorized factory-trained technician to perform initial calibration, testing, adjustment, modification incidental to the startup and checkout of the equipment, or replacement of components within the confines of the specific product, without permit or required licensing:

     (a) Provided the product:

     (i) Has not been previously energized;

     (ii) Has been recalled by the Consumer Product Safety Commission;

     (iii) Is within the manufacturer's written warranty period; or

     (iv) The manufacturer is working under the written request and supervision of an appropriately licensed electrical contractor.

     (b) Modifications to the equipment, as designated above, must not include any changes to the original intended configuration nor changes or contact with external or field-connected components or wiring.

     (c) The manufacturer will be responsible for obtaining any required reapproval/recertification from the original listing or field evaluation laboratory.

     (d) The manufacturer must notify the department if any modifications have been made or reapproval/recertification is required.

     (21) Premanufactured electric power generation equipment assemblies and control gear.

     (a) Manufacturers of premanufactured electric power generation equipment assemblies and control gear will be allowed to utilize a manufacturer's authorized factory-trained technician to perform initial calibration, testing, adjustment, modification incidental to the startup and checkout of the equipment, or replacement of components within the confines of the specific product, without permit or required licensing, provided:

     (i) For transfer equipment, the product has not been previously energized or is within the manufacturer's written warranty period;

     (ii) Modifications to the equipment, as designated above, must not include any changes to the original intended configuration nor changes or contact with external or field-connected components or wiring;

     (iii) The manufacturer will be responsible for obtaining any required reapproval/recertification from the original listing or field evaluation laboratory; or

     (iv) The manufacturer must notify the department if any modifications have been made or reapproval/recertification is required.

     (b) Premanufactured electric power generation equipment assemblies are made up of reciprocating internal combustion engines and the associated control gear equipment. Control gear equipment includes control logic, metering, and annunciation for the operation and the quality of power being generated by the reciprocating internal combustion engine and does not have the function of distribution of power.

     (c) Modifications of a transfer switch must not include changes to the original intended configuration or changes or contact with externally field-connected components.

     (d) For the purposes of this subsection, the following work on premanufactured electric power generation equipment assemblies is not exempt from the requirements of chapter 19.28 RCW:

     (i) Installation or connection of conduit or wiring between the power generation unit, transfer switch, control gear;

     (ii) Installation of the transfer switch;

     (iii) Connections between the power generation unit, transfer switch, control gear, and utility's transmission or distribution systems;

     (iv) Connections between the power generation unit, transfer switch, control gear, and any building or structure; or

     (v) Test connections with any part of:

     (A) The utility's transmission or distribution system; or

     (B) The building or structure.

     (22) The installation, maintenance, or repair of a medical device deemed in compliance with chapter 19.28 RCW is exempt from licensing requirements under RCW 19.28.091, certification requirements under RCW 19.28.161, and inspection and permitting requirements under RCW 19.28.101. This exemption does not include work providing electrical feeds into the power distribution unit or installation of conduits and raceways. This exemption covers only those factory engineers or third-party service companies with equivalent training who are qualified to perform such service.

     (23) Coincidental electrical/plumbing work. See RCW 19.28.091(8) for the plumber exemption.

     (24) Nothing in this section will alter or amend any other exemptions from or requirement for licensure or inspection, chapter 19.28 RCW or this chapter.

[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-925, 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-925, filed 4/22/03, effective 4/22/03.]


AMENDATORY SECTION(Amending WSR 04-12-049, filed 5/28/04, effective 6/30/04)

WAC 296-46B-970   Continuing education.   General requirements - continuing education classes requirements for administrator, master electrician, and electrician renewal.

     (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.

     (2) GENERAL.

     (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.

     (ii) Application:

     (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.

     (vi) Instructors:

     (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)) Administrator, master electrician, or electrician's certificate; ((or)) and

     ((• 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; ((or

     (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.

     (6) FORMS:

     (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.

     (7) PUBLICATIONS:

     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.]

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