WSR 06-21-093

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed October 17, 2006, 10:34 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-14-092.

Title of Rule and Other Identifying Information: WAC 296-127-01392 Stage rigging mechanics (nonstructural), 296-127-01393 Street sweepers (nonconstruction), and 296-127-01394 Tinting and coating installer.

Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Room S119, Tumwater, WA, on November 27, 2006, at 1:30 p.m.

Date of Intended Adoption: December 5, 2006.

Submit Written Comments to: Sally Elliott, P.O. Box 44400, Olympia, WA 98504-4400, e-mail yous235@lni.wa.gov, fax (360) 902-5292, by November 27, 2006.

Assistance for Persons with Disabilities: Contact Sally Elliott by November 15, 2006, at yous235@lni.wa.gov or (360) 902-6411.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Prevailing wage rates on public work projects are determined and enforced according to the trade, occupation, or "classification" of work actually performed. The purpose of this rule making is to write scope of work descriptions for job classifications that have wage rates but no written scope of work descriptions. This rule making will include scope of work descriptions for street sweepers, solar controls for windows, and stage rigging mechanics.

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: Chapter 39.12 RCW and RCW 43.22.270.

Statute Being Implemented: Chapter 39.12 RCW and RCW 43.22.270.

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

Name of Proponent: Department of labor and industries, governmental.

Name of Agency Personnel Responsible for Drafting: Dave Soma, Tumwater, Washington, (360) 902-5330; Implementation and Enforcement: Patrick Woods, Tumwater, Washington, (360) 902-6348.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is specifically exempt from the small business economic impact statement requirement because the proposed rule will not impose more than minor costs on businesses (see RCW 19.85.030 (1)(a)).

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Trista Zugel, P.O. Box 44400, Olympia, WA 98504-4400, phone (360) 902-5860, fax (360) 902-5292, e-mail zugy235@lni.wa.gov.

October 17, 2006

Gary Weeks

Director

OTS-9239.1


NEW SECTION
WAC 296-127-01392   Stage rigging mechanics (nonstructural).   For the purpose of the Washington state public works law, chapter 39.12 RCW, stage rigging mechanics perform nonpermanent mechanical and operational stage rigging work for theatrical performances and productions (regardless of the size of the production), and is work requiring the use of manual hydraulic systems, pneumatic systems, motor systems, electro-mechanic and stage rigging systems and methods for controlling and linking these.

The work includes, but is not limited to:

Assembling, working with, or disassembling cables, pulleys, tackle, winches, automated scenery, or other gear associated with the lifting or supporting of objects above the floor.

Installing, maintaining and dismantling the physical means of support for the overhead equipment related to the stage production. Set motor power and truss attachment gear.

Maintaining suspended stage equipment.

Work performed under this scope does not include: Any work processes as described above which are necessary as part of a public works construction project for new construction, improvement, alteration or repair to maintain structural integrity to an existing system or theatrical facility.

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OTS-9240.1


NEW SECTION
WAC 296-127-01393   Street sweepers (nonconstruction).   For the purpose of the Washington state public works law, chapter 39.12 RCW, street sweepers perform cleaning or sweeping work under a public works maintenance contract that requires the use of power brooms (sweepers), power vacuums, power blowers, or power washers. This work includes, but is not limited to:

The cleaning or sweeping of streets, roads, fire lanes, parking lots, school grounds (campus streets), game courts and similar paved surfaces and other nonroadway surfaces or locations on or adjacent to schools, office complexes, parks, and similar publicly owned or maintained facilities or locations.

Driving a street sweeping vehicle to clean streets, parking lots, and other similar surfaces of debris. Incidental hand sweeping or backpack air blowing may be required in tight areas where the sweeper brooms cannot reach. Fills vehicle water tanks and operates the controls to activate rotary brushes and water spray nozzles to facilitate debris collection, cleaning, and in order to control dust. Disposes of waste material. Performs minor vehicle maintenance of the sweeper by cleaning it, checking fluids and tire pressure.

The cleaning work covered by this scope is limited to a maintenance contract for the cleaning of streets or similar exterior surfaces.

Work performed under this scope does not include: Sweeping work necessary and in conjunction with a public works construction project to maintain and keep streets or similar surfaces clear of debris or the clean-up of streets or similar surfaces necessary during and after a public works construction project and prior to acceptance. Operation of street sweeping equipment during and after a public works construction project would fall under the classification of Operating engineers (equipment operators), WAC 296-127-01354, and operation of hand held or backpack air blowers or hand sweeping would fall under the classification of Laborers, WAC 296-127-01344.

Classifications:

Equipment operators (riding-type)

Power brooms

Power vacuums

Power blowers

Power washers

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OTS-9241.1


NEW SECTION
WAC 296-127-01394   Tinting and coating installer.   For the purpose of the Washington state public works law, chapter 39.12 RCW, tint and coating installers apply film, tints, and coatings to transparent surfaces. The work includes, but is not limited to:

The application of any film, tints, and coatings to the interior or exterior of existing windows, glazed doors, partitions, shop fronts, etc. This includes special dyes, UV absorbers and metal coatings. This work also includes tints and coatings applied to reduce heat gain and glare, and low-emittance coatings to improve both heating and cooling performance.

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Washington State Code Reviser's Office