WSR 09-05-038

EXECUTIVE ORDER

OFFICE OF THE GOVERNOR


[ February 9, 2009 ]


EXECUTIVE ORDER 09-01


WAIVER OF COLLECTION OF CERTAIN FEES OWED TO THE DEPARTMENT OF LABOR & INDUSTRIES DURING THE CURRENT STATE OF EMERGENCY



WHEREAS, RCW 43.06.220(2) specifically authorizes the Governor to issue an Order waiving or suspending the collection of certain fees owed to the Department of Labor & Industries (L&I) in an area described in a current state of emergency proclaimed by the Governor; and


WHEREAS, the waiver or suspension authority discussed above is further specified in RCW 19.28.101(8) and includes waiver of L&I electrical fees that could otherwise be imposed pursuant to RCW 19.28.101(4) and implementing regulations in WAC 296-46B-901(7); and


WHEREAS, the following statewide Governor's state of emergency proclamations issued pursuant to RCW 43.06.010(12) are currently in effect: #08-10 issued December 24, 2008; #08-11 issued January 2, 2009, and amending #08-10; and #09-01 issued January 9, 2009, and amending #08-10; and


WHEREAS, the City of Pacific is within the area described in the above-cited emergency proclamations and suffered extensive and unexpected damage resulting from unprecedented flooding; and


WHEREAS, sixty (60) residences within the City of Pacific have been identified by the Mayor of the City as needing initial L&I electrical wiring and equipment inspections as a result of the flooding, some of which may also need L&I repair and replacement inspections, and all such inspections are immediately necessary to protect the health and safety of the residents; and


WHEREAS, the Mayor of the City of Pacific has requested L&I's assistance in promptly inspecting the electrical wiring and equipment in the residences described above and the waiver of any inspection fees as L&I might otherwise impose; and


WHEREAS, protection of public health, safety, and welfare during a state of emergency is a fundamental purpose of government recognized in the Emergency Management Act (Chapter 38.52 RCW); and


WHEREAS, in order to protect the health, safety and welfare of the residents described above, it is reasonable and appropriate to conclude that L&I should be authorized to provide the requested inspection services without delays attributable to the imposition and collection of inspection fees, that waiver of collection of said fees will promote and secure the safety and protection of the civilian population described above by encouraging appropriate electrical safety inspections, and that L&I minimize applicable regulatory requirements to encourage immediate necessary electrical inspections to flood damaged electrical installations.


NOW THEREFORE, I, Christine O. Gregoire, Governor of the state of Washington, do hereby order that L&I is authorized to provide the electrical inspections described herein without collection of fees that could otherwise be imposed pursuant to RCW 19.28.101 and WAC 296-46B-901(7), as necessary for the sixty (60) residences identified by the Mayor of the City of Pacific having electrical installations damaged as the result of winter storms occurring January 6, 2009, through January 16, 2009, effective immediately and until February 28, 2009, or earlier termination of the currently applicable state of emergency.


Signed and sealed with the official seal of the State of Washington on this 9th day of February, 2009, at Olympia, Washington.
By:
Christine O. Gregoire

Governor

BY THE GOVERNOR:
Steve Excell
for Sam Reed

Secretary of State

Washington State Code Reviser's Office