WSR 09-10-080

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 5, 2009, 4:35 p.m. , effective June 5, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of this rule making is to review the plumber certification rules for housekeeping changes in order to further clarify the rules. The plumber certification rules are reviewed on a regular basis to ensure the rules are consistent with the national consensus standards, industry practice, and to clarify the rules.

Citation of Existing Rules Affected by this Order: Amending WAC 296-400A-005 What definitions do I need to know to understand these rules?, 296-400A-010 Plumbing certificate types and scope of work, 296-400A-020 How do I obtain a certificate of competency?, 296-400A-028 What are the requirements for continuing education and classroom training?, 296-400A-031 How do I qualify for a temporary permit?, 296-400A-033 What is the duration of a temporary permit?, 296-400A-045 What fees will I have to pay?, 296-400A-120 What do I need to know about plumber trainee certificates (excluding backflow assembly maintenance and repair specialty certification)?, 296-400A-122 What do I need to know about trainee experience and the backflow assembly maintenance and repair specialty examination requirements?, 296-400A-130 What if I make a false statement or a material misrepresentation on an application, an employment report or trainee certificate?, 296-400A-155 Audit of trainee hours, and 296-400A-300 What procedures does the department follow when issuing a notice of infraction?

Statutory Authority for Adoption: RCW 18.106.040 and 18.106.140.

Adopted under notice filed as WSR 09-05-076 on February 17, 2009.

Changes Other than Editing from Proposed to Adopted Version: WAC 296-400A-005 was amended to remove parenthesis in the definition of plumbers.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 12, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 12, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 12, Repealed 0.

Date Adopted: May 5, 2009.

Judy Schurke

Director

OTS-1921.7


AMENDATORY SECTION(Amending WSR 06-24-040, filed 11/30/06, effective 12/31/06)

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

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

"Audit" means an assessment, evaluation, examination or investigation of, contractor's accounts, books and records for the purpose of verifying the contractor's compliance with RCW 18.106.320.

"Backflow assembly" or "backflow prevention assembly" or "backflow preventer" is a device as described in the Uniform Plumbing Code used to prevent the undesired reversal of flow of water or other substances through a cross-connection into the public water system or consumer's potable water system.

"Backflow assembly tester" is an individual certified by the department of health to perform tests to backflow assemblies.

"Continuing education" is approved plumbing and electrical courses for ((journeyman)) journeymen, domestic pump specialty plumbers, and residential specialty plumbers, to meet the requirements to maintain their plumbing certification and for trainees or individuals to become certified plumbers in Washington.

"Continuing education course provider" is an entity approved by the department, in consultation with the state advisory board of plumbers, to provide continuing education training for ((journeyman)) journeymen, domestic pump specialty plumbers, residential specialty plumbers, and trainees. All training course providers must comply with the requirements in WAC 296-400A-028.

"Continuity affidavit" is a form developed by the department that is used to verify whether medical gas pipe installation work (brazing process) has been performed biannually. This form is provided to the department annually by the person holding the medical gas piping installer endorsement and requires the signature of the employer of the medical gas piping installer or another qualified verifier as determined by the department. Continuity is a visual examination by the employer of the brazing that was performed.

"Contractor" means any person, corporate or otherwise, who engages in, or offers or advertises to engage in, any work covered by the provisions of chapter 18.106 RCW by way of trade or business, or any person, corporate or otherwise, who employs anyone, or offers or advertises to employ anyone, to engage in any work covered by the provisions of chapter 18.106 RCW and is registered as a contractor under chapter 18.27 RCW.

"Dispatcher" means the contractor's employee who authorized the work assignment of the person employed in violation of chapter 18.106 RCW.

"Department" is the department of labor and industries.

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

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

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

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

"Plumbing" is that craft involved in installing, altering, repairing and renovating potable water systems, liquid waste systems and medical gas piping systems ((within)) in the footprint of a building. Potable water systems, liquid waste systems, and medical gas piping systems are defined by the current Uniform Plumbing Code (UPC) and amendments adopted by the state building code council. All piping, fixtures, pumps and plumbing appurtenances that are used for a reclaimed water system are included in the definition of liquid waste systems. The installation of water softening or water treatment equipment into a water system is not considered plumbing.

"Records" include, but are not limited to, all bids, invoices, billing receipts, time cards and payroll records that show the work was performed, advertised, or bid.

"Specialty plumber" is anyone who has been issued a specialty plumbers certificate of competency by the department limited to:

(a) Installation, maintenance and repair of plumbing for single-family dwellings, duplexes and apartment buildings which do not exceed three stories; ((or))

(b) Maintenance and repair of backflow assemblies located within a residential or commercial building or structure. For the purposes of this subsection, "maintenance and repair" includes cleaning and replacing internal parts of an assembly, but does not include installing or replacing backflow assemblies.

(c) "Domestic pump specialty" means the installation, maintenance, and repair of a domestic water pumping system consisting of the pressurization, treatment, and filtration components of a domestic water system consisting of: One or more pumps; pressure, storage, and other tanks; filtration and treatment equipment; if appropriate, a pitless adapter; along with valves, transducers, and other plumbing components that:

(i) Are used to acquire, treat, store, or move water suitable for either drinking or other domestic purposes, including irrigation, to:

(A) A single-family dwelling, duplex, or other similar place of residence;

(B) A public water system, as defined in RCW 70.119.020 and as limited under RCW 70.119.040; or

(C) A farm owned and operated by a person whose primary residence is located within thirty miles of any part of the farm;

(ii) Are located within the interior space, including but not limited to an attic, basement, crawl space, or garage, of a residential structure, which space is separated from the living area of the residence by a lockable entrance and fixed walls, ceiling, or floor;

(iii) If located within the interior space of a residential structure, are connected to a plumbing distribution system supplied and installed into the interior space by either:

(A) A person who, pursuant to RCW 18.106.070 or 18.106.090, possesses a valid temporary permit or certificate of competency as a journeyman plumber, specialty plumber, or trainee, as defined in this chapter; or

(B) A person exempt from the requirement to obtain a certified plumber to do such plumbing work under RCW 18.106.150.

For the purposes of the domestic pump specialty, residential structure includes any improvement to real property where that property is primarily used as a residence.

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

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

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

[Statutory Authority: RCW 18.106.040, 18.106.140. 06-24-040, 296-400A-005, filed 11/30/06, effective 12/31/06. Statutory Authority: RCW 19.103.040, 18.106.140, and chapter 18.106 RCW. 05-11-061, 296-400A-005, filed 5/17/05, effective 6/30/05. Statutory Authority: RCW 18.106.040, 18.106.140, 2002 c 82, and 2003 c 399. 04-12-046, 296-400A-005, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 18.106.040, 18.106.140, 2001 c 281, and chapter 18.106 RCW. 02-14-074, 296-400A-005, filed 6/28/02, effective 7/1/02. Statutory Authority: Chapter 18.106 RCW. 98-13-126, 296-400A-005, filed 6/17/98, effective 7/20/98. Statutory Authority: RCW 18.106.050, [18.106.]070, [18.106.]110, [18.106.]125, [18.106.]140 and [18.106.]270. 97-11-052, 296-400A-005, filed 5/20/97, effective 6/30/97.]


AMENDATORY SECTION(Amending WSR 06-24-040, filed 11/30/06, effective 12/31/06)

WAC 296-400A-010   Plumbing certificate types and scope of work.   (1) Journeyman plumber (PL01): A journeyman plumber may work on all phases of plumbing projects including residential, commercial and industrial worksite locations. A plumber trainee must have a training certificate in order to perform plumbing work under the supervision of a certified journeyman plumber.

(2) Residential specialty plumber (PL02): Installation, maintenance and repair of all phases of plumbing for single-family dwellings, duplexes and apartment buildings which do not exceed three stories. A plumber trainee must have a training certificate in order to perform plumbing work as a residential specialty plumber under the supervision of a certified residential or journeyman plumber.

(3) Backflow specialty plumber (PL30): Maintenance and repair of backflow assemblies located within a residential or commercial building or structure. For the purposes of this subsection, "maintenance and repair" includes cleaning and replacing internal parts of an assembly, but does not include installing or replacing backflow assemblies. A plumber trainee must have a PT31 certificate in order to do work as a backflow specialty plumber under the supervision of a certified backflow specialty plumber, certified residential specialty plumber or certified journeyman plumber. PT31 trainee requires one hundred percent supervision.

(4) Pump and irrigation specialty plumber (PL03): Installation, maintenance and repair of equipment that is used to acquire, treat, store, or move water suitable for either drinking or other domestic purposes, including irrigation or to a domestic water pumping system consisting of the pressurization, treatment, and filtration components of a domestic water system consisting of: One or more pumps; pressure, storage, and other tanks; filtration and treatment equipment. For the purposes of this subsection, if located within the interior space of a residential structure as stated in RCW 18.106.010 (10)(c), only the equipment and piping defined by RCW 18.106.010 (10)(c) are included in this specialty and other parts of the system must be worked on by the appropriate certification.

(5) Limited volume domestic pump specialty plumber (PL03A): Installation, maintenance and repair of equipment that is used to acquire, treat, store, or move water suitable for either drinking or other domestic purposes on pumping systems not exceeding one hundred gallons per minute. A domestic water pumping system consisting of the pressurization, treatment, and filtration components of a domestic water system consisting of: One or more pumps; pressure, storage, and other tanks; filtration and treatment equipment. For the purposes of this subsection, if located within the interior space of a residential structure as stated in RCW 18.106.010 (10)(c), only the equipment and piping to stated equipment in this locked room can be worked on by this certification; other parts of the system must be worked on by the appropriate certification.

(6) Plumber trainee (PT00((, PT03, PT03A,)) and PT31): Is an individual learning the trade or craft of plumbing. Trainees are required to have and maintain a valid plumber's training certificate. Trainees will be accredited for those hours worked within the scope of their supervising plumber. Any plumber trainee may perform plumbing work within the scope of their supervising journeyman or specialty plumber. A trainee shall keep a record of the hours worked as a trainee as required by WAC 296-400A-120(3).

(7) Certified journeyman electricians, certified residential specialty electricians, or electrical trainees (EL01 and EL02): According to RCW 18.106.150 (2)(b), a current plumbing certificate of competency or apprentice permit is not required for: Certified journeyman electricians, certified residential specialty electricians, or electrical trainees working for an electrical contractor and performing exempt work under RCW 18.27.090(18). A plumber trainee must have a ET00 certificate in order to work with a journeyman electrician, residential specialty electrician, or electrical trainee.

The plumbing work must be directly and immediately appropriate to the like-in-kind replacement of a household fixture or its component(s) that requires limited power and waste/water connections.

An example would be replacing the heating element (a component) of an electric hot water heater. An electrician performing a like-in-kind replacement of an electric hot water tank could only disconnect and then reconnect the water supply lines to the tank and drain line from the temperature and pressure relief valve. Gas hot water tanks are not part of the electrician's exemption.

[Statutory Authority: RCW 18.106.040, 18.106.140. 06-24-040, 296-400A-010, filed 11/30/06, effective 12/31/06.]


AMENDATORY SECTION(Amending WSR 06-24-040, filed 11/30/06, effective 12/31/06)

WAC 296-400A-020   How do I obtain a certificate of competency?   You can obtain a certificate of competency by completing the following requirements for:

(1) Journeyman and specialty plumber certificate (excluding backflow assembly maintenance and repair specialty certification):

(a) Submitting a competency examination application to the department;

(b) Paying the examination fee shown in WAC 296-400A-045(1);

(c) Submitting the required evidence of competency and experience to the department as required under WAC 296-400A-120 and 296-400A-121;

(d) ((Passing the competency examination;

(e))) Providing documentation to the department with continuing education requirements;

(e) Passing the competency examination;

(f) In lieu of (a), (b) and (c) of this subsection and with the approval of the advisory board, the department may accept the successful passage of an examination administered by a nationally recognized testing entity; ((and))

(g) For domestic pump specialty plumbers, in lieu of (a), (b) and (c) of this subsection and with the approval of the advisory board, the department may accept a certification issued by professional trade association; and

(h) Paying the certification issuance fee within ninety days of notification of passing the written examination. Failure to pay within ninety days will require reexamination.

(2) Backflow assembly maintenance and repair specialty certificate:

(a) Submitting a competency examination application to the department;

(b) Paying the application and certificate fee shown in WAC 296-400A-045(((2))) (1); ((and))

(c) Passing the competency examination; and

(d) Paying the certification issuance fee within ninety days of notification of passing the written examination. Failure to pay within ninety days will require reexamination.

[Statutory Authority: RCW 18.106.040, 18.106.140. 06-24-040, 296-400A-020, filed 11/30/06, effective 12/31/06. Statutory Authority: RCW 18.106.040, 18.106.140, 2002 c 82, and 2003 c 399. 04-12-046, 296-400A-020, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 18.106.040, 18.106.140, 2001 c 281, and chapter 18.106 RCW. 02-14-074, 296-400A-020, filed 6/28/02, effective 7/1/02. Statutory Authority: RCW 18.106.050, [18.106.]070, [18.106.]110, [18.106.]125, [18.106.]140 and [18.106.]270. 97-11-052, 296-400A-020, filed 5/20/97, effective 6/30/97.]


AMENDATORY SECTION(Amending WSR 06-24-040, filed 11/30/06, effective 12/31/06)

WAC 296-400A-028   What are the requirements for continuing education and classroom training?  


What are the general and continuing education course requirements for journeyman, residential specialty plumbers, domestic pump specialty plumbers, and plumber trainees?


(1) Journeyman, residential specialty plumber, domestic pump specialty plumber, and plumber trainee.

(a) To be eligible for renewal of a journeyman plumber or residential specialty plumber certificate, the individual must have completed at least sixteen hours of approved continuing education for each two years of the prior certification period. Individuals will be required in the prior two-year period to have completed at least eight hours of plumbing code and at least four hours of electrical code from the currently adopted Washington state plumbing and electrical codes. The remaining four hours may be plumbing or electrical trade related classes.

(b) Domestic pump specialty plumbers shall renew their domestic pump specialty certificate once every three years, on or before the individual's birthday. Individuals will be required to complete ((at least four)) twenty-four hours of approved continuing education ((in plumbing for each year prior to the certification period and at least four hours of approved continuing education in electrical)). The continuing education may comprise both electrical and plumbing education with a minimum of twelve of the required twenty-four hours of continuing education in plumbing for each ((year prior to the certification)) three-year renewal cycle.

(c) Plumber trainees must complete at least eight hours per year of classroom training from an approved continuing education course for each year of the prior certification period. Trainees will be required during a two-year period to complete at least eight hours of plumbing code and at least four hours of electrical code from the currently adopted Washington state plumbing and electrical codes. The remaining four hours may be plumbing or electrical trade related classes.

((Domestic pump specialty plumber trainee must have eight hours of plumbing continuing education and eight hours of electrical continuing education, which totals sixteen hours of continuing education for a two-year renewal.))

(d) Any portion of a year of a prior plumber certification period is equal to one year for the purposes of the required continuing education.

(2) An individual will not be given credit for the same approved continuing education course taken more than once in the two years prior to the renewal date. No credit will be granted for any course not approved by the department.

(3) Continuing education requirements do not apply to backflow specialty plumbers under chapter 18.106 RCW and this chapter.


((Note: Subsections (1), (2) and (3) of this section take effect July 1, 2005.))

Approval process - continuing education course.


(4) The advisory board of plumbers or plumbing board subcommittee will review each continuing education course. The advisory board of plumbers or plumbing board subcommittee will recommend approval or disapproval to the department. The department will either approve or disapprove the course.

(5) To be considered for approval, a continuing education course must consist of not less than two hours of instruction and must be open to monitoring by a representative of the department and/or the plumbing board at no charge. If the department determines that the continuing education course does not meet or exceed the minimum requirements for approval, the department may revoke the course approval or reduce the number of credited hours.

(6) Approved courses must be based on:

(a) Currently adopted edition of the Uniform Plumbing Code and currently adopted National Electrical Code;

(b) Chapters 18.106 or 19.28 RCW or chapters 296-400A or 296-46B WAC; or

(c) Materials and methods as they pertain to the industrial practices of plumbing or electrical construction, building management systems, plumbing or electrical maintenance, or workplace health and safety.

(7) Code-update courses must be based on the entire currently adopted Uniform Plumbing Code or currently adopted National Electrical Code.

(a) Correspondence and on-line courses in the plumbing code require thirty-five questions per hour of credit.

(b) Industry related electrical courses require twenty-five questions per hour of credit.

(c) Classroom training requires one hour of instruction for each hour of credit.

(d) Course outline must support the number of hours requested.


Application - for continuing education course approval.


(8) All applications for course approval must be on forms provided by the department. The plumbing board and the department will only consider the written information submitted with the application when considering approval of the continuing education training course.

(9) The department will provide continuing education application forms to sponsors upon request. The course sponsor must submit an original completed application for course approval and three copies (unless submitted electronically using department prescribed technology) to the department. The department must receive the complete course application from the sponsor in writing at least forty-five days before the first class requested for approval is offered.

(10) A complete application for course approval must include:

(a) The appropriate course application fee;

(b) Course title, number of classroom instruction hours, and whether the training is open to the public;

(c) Sponsor's name, address, contact's name and phone number;

(d) Course outline (general description of the training, including specific Uniform Plumbing Code or currently adopted National Electrical Code articles referenced);

(e) Lists of resources (texts, references, visual aids);

(f) Names and qualifications of instructors. Course instructors must show prior instructor qualification and experience similar to that required by the work force training and education coordinating board under chapter 28C.10 RCW;

(g) Any additional documentation to be considered; and

(h) A sample copy of the completion certificate issued to the course participants.

(11) The course sponsor seeking approval of a continuing education course will be notified of the subcommittee's decision within five days of the completed review of the application.

(12) If the application is not approved, the rejection notice will include an explanation of the reason(s) for rejection. If the course sponsor disagrees with the subcommittee's decision, the course sponsor may request a reconsideration hearing by the full plumbing board. A request to appeal course rejection must be received by the department forty-five days before a regularly scheduled board meeting. The course sponsor must submit, to the department, any additional information to be considered during the hearing, in writing, at least thirty days before the board hearing. The course sponsor must provide at least twenty copies of any written information to be submitted to the board.


Offering - continuing education course.


(13) The course sponsor may offer an approved course for up to three years without additional approval. However, if the course is classified as code-update or code-related and a new edition of the Uniform Plumbing Code or National Electrical Code is adopted within the course approval period, the course approval will be considered automatically revoked and the course sponsor must submit a new application for review by the department and approval by the plumbing board subcommittee.

(14) A continuing education course attended or completed by an individual before final approval by the plumbing board subcommittee cannot be used to meet the plumbing certificate renewal requirements.


Documentation - Washington approved training course attendance/completion.


(15) The department is not responsible for providing verification of an individual's continuing education history with the course sponsor.

(16) The course sponsor must provide the department with an accurate and typed course attendance/completion roster for each course given.

(a) The attendance/completion roster must be provided within thirty days of course 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 participant's name, Washington certificate number, course number, location of course, date of completion, and instructor's name. The typed roster must contain the signature of the course sponsor's authorized representative.

(17) If the course sponsor fails to submit the required attendance/completion rosters within thirty days of the course completion, the department may revoke or suspend the course approval.

(18) Course sponsors must award a certificate to each participant completing the course from which the participant will be able to obtain:

(a) Name of course sponsor;

(b) Name of course;

(c) Date of course;

(d) Course approval number;

(e) The number of continuing education units; and

(f) The type of continuing education units.

(19) The department will only use a copy of the sponsor's attendance/completion roster as final evidence that the participant completed the training course.

(20) The department will keep submitted rosters of the continuing education courses on file only for audit purposes. The department is not responsible for the original of any completion certificate issued.


Documentation - out-of-state training course attendance/completion.


(21) To apply continuing education units earned out-of-state from course sponsors who do not have state of Washington approved courses, one of the following conditions must be met:

(a) The individual must request that the course sponsor submit a complete continuing education course application and requirements as described in this section for in-state courses.

Application for course approval will not be considered more than three years after the date of the course.

(b) The department must have entered into a reciprocal agreement with the state providing course approval.

The participant must provide a copy of an accurate and completed award or certificate from the course sponsor identifying the course location, date of completion, participant's name, and Washington certificate number. The department will only accept a copy of the sponsor's certificate or form as evidence that the participant attended and completed the course.

[Statutory Authority: RCW 18.106.040, 18.106.140. 06-24-040, 296-400A-028, filed 11/30/06, effective 12/31/06. Statutory Authority: RCW 18.106.040, 18.106.140, 2002 c 82, and 2003 c 399. 04-12-046, 296-400A-028, filed 5/28/04, effective 6/30/04.]


AMENDATORY SECTION(Amending WSR 06-24-040, filed 11/30/06, effective 12/31/06)

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

(1) Have an active state-issued journeyman plumber, domestic pump specialty plumber, or a residential specialty plumber certificate;

(2) Give the department sufficient qualifying evidence for a journeyman plumber, domestic pump specialty plumber, or a residential specialty plumber certificate of competency;

(3) Never have taken the journeyman plumber, domestic pump specialty plumber, or a residential specialty plumber competency examination in Washington state; and

(4) Not be a trainee or an apprentice plumber.

[Statutory Authority: RCW 18.106.040, 18.106.140. 06-24-040, 296-400A-031, filed 11/30/06, effective 12/31/06. Statutory Authority: RCW 18.106.040, 18.106.140, 2002 c 82, and 2003 c 399. 04-12-046, 296-400A-031, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 18.106.040, 18.106.140, 2001 c 281, and chapter 18.106 RCW. 02-14-074, 296-400A-031, filed 6/28/02, effective 7/1/02. Statutory Authority: Chapter 18.106 RCW. 98-13-126, 296-400A-031, filed 6/17/98, effective 7/20/98. Statutory Authority: RCW 18.106.050, [18.106.]070, [18.106.]110, [18.106.]125, [18.106.]140 and [18.106.]270. 97-11-052, 296-400A-031, filed 5/20/97, effective 6/30/97.]


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

WAC 296-400A-033   What is the duration of a temporary permit?   A temporary permit is valid for ((ninety)) one hundred twenty days and is nonrenewable.

[Statutory Authority: RCW 18.106.050, [18.106.]070, [18.106.]110, [18.106.]125, [18.106.]140 and [18.106.]270. 97-11-052, 296-400A-033, filed 5/20/97, effective 6/30/97.]


AMENDATORY SECTION(Amending WSR 08-12-042, filed 5/30/08, effective 6/30/08)

WAC 296-400A-045   What fees will I have to pay?   The following are the department's plumbers fees:

(1) Fees related to journeyman and specialty plumber certification:


Type of Fee Period Covered by Fee Dollar Amount of Fee
Examination application Per examination $133.00
Domestic pump specialty application fee******* Per application $133.00
Reciprocity application* Per application $133.00
Trainee certificate** One year or when hours are updated $39.70
Temporary permit (not applicable for

backflow assembly maintenance and

repair specialty)

90 days $66.10
Journeyman or residential specialty

certificate***

Two years (fee may be prorated

based on months)

$106.50
Domestic pump specialty plumber certificate*** Three years (fee may be prorated

based on months)

$159.80
Backflow assembly maintenance and

repair specialty certificate

Two years (fee may be prorated

based on months)

$73.50
Medical gas endorsement

application

Per application $49.00
Medical gas endorsement*** One year $36.60
Medical gas endorsement examination fee**** See note below.
Medical gas endorsement training course fee***** See note below.
Domestic pump specialty examination fee**** See note below.
Reinstatement fee for residential and journeyman certificates $213.50
Reinstatement fee for backflow assembly maintenance and repair specialty certificates $122.90
Reinstatement fee for domestic pump $319.70
Replacement fee for all certificates $18.00
Refund processing fee $28.70
Unsupervised trainee endorsement $28.70
Inactive status fee $28.70
Honorary plumbing certification $106.50
Certified letter fee $28.70
Continuing education new course fee****** $173.00
Continuing education renewal course fee****** $86.40
Continuing education classes provided by the department $12 per continuing education training hour
$8 per continuing education training hour for correspondence and internet courses

* Reciprocity application is only allowed for applicants that are applying work experience toward certification that was obtained in state(s) with which the department has a reciprocity agreement. The reciprocity application is valid for one year.
** The trainee certificate shall expire one year from the date of issuance and must be renewed on or before the date of expiration. ((The domestic pump specialty trainee certificate shall expire two years from the date of issuance and must be renewed on or before the date of expiration.)) Updating a training certificate is optional and not required.
*** This fee applies to either the original issuance or a renewal of a certificate. If you have passed the plumbers certificate of competency examination or the medical gas piping installer endorsement examination and paid the certificate fee, you will be issued a plumber certificate of competency or a medical gas endorsement that will expire on your birth date.
The annual renewal of a Medical Gas Piping Installer Endorsement shall include a continuity affidavit verifying that brazing work has been performed biannually.
**** This fee is paid directly to a nationally recognized testing agency under contract with the department. It covers the cost of preparing and administering the written competency examination and the materials necessary to conduct the practical competency examination required for the medical gas piping system installers endorsement. This fee is not paid to the department.
***** This fee is paid directly to a training course provider approved by the department, in consultation with the state advisory board of plumbers. It covers the cost of providing training courses required for the medical gas piping system installer endorsement. This fee is not paid to the department.
****** This fee is for a three-year period or code cycle.
******* The domestic pump specialty application is valid for one year.

(2) If your birth year is:

(a) In an even-numbered year, your certificate will expire on your birth date in the next even-numbered year.

(b) In an odd-numbered year, your certificate will expire on your birth date in the next odd-numbered year.

[Statutory Authority: Chapters 18.106, 43.22 RCW, 2008 c 285 and c 329. 08-12-042, 296-400A-045, filed 5/30/08, effective 6/30/08. Statutory Authority: Chapters 18.27, 18.106, 43.22, and 70.87 RCW. 07-11-128, 296-400A-045, filed 5/22/07, effective 6/30/07. Statutory Authority: RCW 18.106.040, 18.106.140. 06-24-040, 296-400A-045, filed 11/30/06, effective 12/31/06. Statutory Authority: Chapters 18.106, 43.22, and 70.87 RCW. 06-10-066, 296-400A-045, filed 5/2/06, effective 6/30/06. Statutory Authority: RCW 19.103.040, 18.106.140, and chapter 18.106 RCW. 05-11-061, 296-400A-045, filed 5/17/05, effective 6/30/05. Statutory Authority: RCW 18.106.040, 18.106.140, 2002 c 82, and 2003 c 399. 04-12-046, 296-400A-045, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 43.22.350, 43.22.434, 43.22.480, 43.22.500, 70.87.030, 18.106.070, 18.106.125, 2001 c 7, and chapters 18.106, 43.22, and 70.87 RCW. 03-12-045, 296-400A-045, filed 5/30/03, effective 6/30/03. Statutory Authority: RCW 18.106.040, 18.106.140, 2001 c 281, and chapter 18.106 RCW. 02-14-074, 296-400A-045, filed 6/28/02, effective 7/1/02. Statutory Authority: RCW 18.106.125. 99-07-101, 296-400A-045, filed 3/23/99, effective 4/23/99. Statutory Authority: Chapter 18.106 RCW. 98-13-126, 296-400A-045, filed 6/17/98, effective 7/20/98. Statutory Authority: Chapters 18.106, 18.27 and 43.22 RCW. 98-12-041, 296-400A-045, filed 5/29/98, effective 6/30/98. Statutory Authority: RCW 18.106.050, [18.106.]070, [18.106.]110, [18.106.]125, [18.106.]140 and [18.106.]270. 97-11-052, 296-400A-045, filed 5/20/97, effective 6/30/97.]


AMENDATORY SECTION(Amending WSR 06-24-040, filed 11/30/06, effective 12/31/06)

WAC 296-400A-120   What do I need to know about plumber trainee certificates (excluding backflow assembly maintenance and repair specialty certification)?   (1) Journeyman and specialty plumber trainee certification:

(a) Original trainee certificates. The department will issue an original trainee certificate when the trainee applicant submits a complete trainee certificate application including:

(i) Date of birth, mailing address, Social Security number; and

(ii) All appropriate fees as listed in WAC 296-400A-045.

(iii) If an individual has previously held a plumbing trainee certificate, then that individual is not eligible for a subsequent original trainee certificate.

All applicants for a plumbing trainee certificate must be at least sixteen years of age and must follow requirements as defined in WAC 296-125-030.

(b) Renewal. The department issues separate trainee certificates once a year.

(((b))) (c) The plumbing trainee may not apply for renewal more than ninety days prior to the expiration date. ((Journeyman, residential specialty, and backflow specialty)) Plumber trainee certificates are valid for one year. ((Domestic pump specialty plumber trainee certificate is valid for two years.

(c))) (d) All applicants for trainee certificate of renewal must:

(i) Submit a complete renewal application;

(ii) Pay all appropriate fees; and

(iii) Provide accurate evidence on the renewal form that the individual has completed the continuing education requirements described in chapter 296-400A WAC.

(((d))) (e) If an individual files inaccurate or false evidence of continuing education information when renewing a plumbing trainee certificate, the individual's certificate may be suspended or revoked.

(((e))) (f) An individual who has not completed the required hours of continuing education cannot renew a trainee certificate.

(((f))) (g) Individuals will not be able to apply to test for journeyman plumber, domestic pump specialty plumber, or residential specialty plumber certificates until the continuing education requirements have been met.

(((g))) (h) If continuing education hours have not been met, trainee certificates will become expired and any experience obtained by the trainee in expired status will not be credited toward plumbing certificate application.

(((h))) (i) An individual may renew an expired certificate of competency by submitting a complete renewal application including obtaining and submitting the continuing education required for renewal. However, the certificate will remain in an expired status for the duration of the expired period.

(((i))) (j) An individual may not renew a revoked trainee certificate.

(((j))) (k) Apprentices registered in an approved program according to chapter 49.04 RCW who are obtaining classroom training consistent with the continuing education requirements under chapter 18.106 RCW and this chapter, as approved by the department, are deemed to have met the continuing education requirements necessary to renew a trainee certificate.

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

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

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

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

(ii) One journeyman plumber working on a commercial job site may supervise no more than one trainee or one residential specialty plumber who holds a current trainee certificate.

(iii) One appropriate domestic pump specialty plumber or one journeyman plumber working on a domestic pump system may supervise no more than two trainees.

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

(((2) Trainee work hours. Journeyman, residential specialty, and backflow specialty)) (p) Plumber trainee shall renew the certificate annually but not more than ninety days before the expiration date. ((Domestic pump specialty plumber trainee shall renew the certificate every two years but not more than ninety days before the expiration date.

(a) An annual fee shall be charged for the issuance or renewal of the certificate.

(b))) (q) The trainee will not be issued a renewed or reinstated training certificate if the individual owes the department money as a result of an outstanding final judgment.

(((c))) (r) Trainee hours will not be credited if the trainee owes outstanding penalties for violations of this chapter.

(((3))) (2) At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the plumbing construction industry for the previous annual period. The individual must submit a completed, signed, and notarized affidavit(s) of experience. The affidavit of experience must accurately attest to:

(a) The plumbing installation work performed for each employer the individual worked for in the plumbing trade during the previous period;

(b) The correct plumbing category the individual worked in; and

(c) The actual number of hours worked in each category, worked under the proper supervision of a Washington certified journeyman plumber, certified domestic pump specialty plumber, or residential specialty plumber.

(((4))) (3) The trainee should ask each employer and/or apprenticeship-training director for an accurately completed, signed, and notarized affidavit of experience for the previous certification period. The employer(s) or apprenticeship training director(s) must provide the previous period's affidavit of experience to the individual within twenty days of the request.

(((5))) (4) If hours for previous period are not submitted within the thirty days after renewing a plumbing training certificate, the individual may not receive credit for these previous period hours.

[Statutory Authority: RCW 18.106.040, 18.106.140. 06-24-040, 296-400A-120, filed 11/30/06, effective 12/31/06. Statutory Authority: RCW 18.106.040, 18.106.140, 2002 c 82, and 2003 c 399. 04-12-046, 296-400A-120, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 18.106.040, 18.106.140, 2001 c 281, and chapter 18.106 RCW. 02-14-074, 296-400A-120, filed 6/28/02, effective 7/1/02. Statutory Authority: Chapter 18.106 RCW. 98-13-126, 296-400A-120, filed 6/17/98, effective 7/20/98. Statutory Authority: RCW 18.106.050, [18.106.]070, [18.106.]110, [18.106.]125, [18.106.]140 and [18.106.]270. 97-11-052, 296-400A-120, filed 5/20/97, effective 6/30/97.]


AMENDATORY SECTION(Amending WSR 04-12-046, filed 5/28/04, effective 6/30/04)

WAC 296-400A-122   What do I need to know about trainee experience and certification, and the backflow assembly maintenance and repair specialty examination requirements?   (1) Journeyman and specialty plumber trainee certification:

(a) Original training certificates. The department will issue an original training certificate when the trainee applicant submits a complete training certificate application including:

(i) Date of birth, mailing address, Social Security number; and

(ii) All appropriate fees as listed in WAC 296-400A-045.

(iii) If an individual has previously held a plumbing training certificate, then that individual is not eligible for a subsequent original training certificate.

All applicants for a plumbing training certificate must be at least sixteen years of age and must follow requirements as defined in WAC 296-125-030.

(2) A trainee certificate must be obtained by an individual performing backflow assembly maintenance and repair work who is not a certified plumber. The individual must work under the direct supervision of a certified backflow assembly maintenance and repair specialty, journeyman plumber, or residential specialty plumber for a minimum of one hundred percent of each working day while the backflow assembly maintenance and repair work is being performed.

(((2))) (3) Each applicant for a backflow assembly maintenance and repair specialty certificate must furnish written evidence that he or she has a valid backflow assembly tester certification administered and enforced by the department of health.

(((3))) (4) Any applicant who fails an examination will be required to wait at least until the next scheduled examination date and location. Examinations are held the first Thursday of every month, unless that date falls on a holiday. In the event of a holiday, the examination will be held on the second Thursday of the month. Applications shall be submitted and received by the plumbing certification program office two weeks before the next scheduled examination date.

[Statutory Authority: RCW 18.106.040, 18.106.140, 2002 c 82, and 2003 c 399. 04-12-046, 296-400A-122, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 18.106.040, 18.106.140, 2001 c 281, and chapter 18.106 RCW. 02-14-074, 296-400A-122, filed 6/28/02, effective 7/1/02.]


AMENDATORY SECTION(Amending WSR 04-12-046, filed 5/28/04, effective 6/30/04)

WAC 296-400A-130   What if I make a false statement or a material misrepresentation on an application, an employment report or a trainee certificate?   (((1) All required applications and annual statements of employment hours are made under oath. Making false statements and/or material misrepresentations carry serious consequences. Any person who knowingly makes a false statement or material misrepresentation on an application, an affidavit of experience or a trainee certificate may have their certificate suspended, revoked, and/or be referred to the county prosecutor for criminal prosecution. In addition, the department may issue an infraction for a violation of this chapter.

(2) The annual statements of employment described in subsection (1) of this section do not apply to the backflow assembly maintenance and repair specialty certification.)) (1) A person making a false statement or material misrepresentation on an application, statement of hours, or signed statement to the department may be referred to the county prosecutor for criminal prosecution. The department may also file a civil action under chapter 18.106 RCW and may revoke or suspend a certificate under chapter 18.106 RCW.

(2) The department may file a civil action under chapter 18.106 RCW and may revoke or suspend a certificate of competency under chapter 18.106 RCW for inaccurate or false reporting of continuing education hours.

(3) If the department determines that a course sponsor has issued an inaccurate or incomplete course application or attendance/completion roster, the department may suspend or revoke the course approval and deny future approval of a continuing education course(s) by the course sponsor.

(4) The department may file a civil action under chapter 18.106 RCW against both the trainee and the contractor, apprentice training director, or other entity verifying the training hours and may subtract the falsified hours of employment from a trainee's total hours if the department determines a false statement or material misrepresentation has been made in an affidavit of experience.

[Statutory Authority: RCW 18.106.040, 18.106.140, 2002 c 82, and 2003 c 399. 04-12-046, 296-400A-130, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 18.106.040, 18.106.140, 2001 c 281, and chapter 18.106 RCW. 02-14-074, 296-400A-130, filed 6/28/02, effective 7/1/02. Statutory Authority: RCW 18.106.050, [18.106.]070, [18.106.]110, [18.106.]125, [18.106.]140 and [18.106.]270. 97-11-052, 296-400A-130, filed 5/20/97, effective 6/30/97.]


AMENDATORY SECTION(Amending WSR 04-12-046, filed 5/28/04, effective 6/30/04)

WAC 296-400A-155   Audit of trainee hours.   (1) The department, under RCW 18.106.320, may audit the employment records of the plumbing contractor or employer who verified the plumbing trainee hours.

(2) Every contractor must keep a record of trainee employment so the department may obtain the necessary information to verify plumbing trainee work experience.

(a) The contractor must keep the records of jobs performed for a least five years.

(b) Upon request, these records must be made available to the department for inspection within seven business days.

(3) The contractor must maintain time cards or similar records to verify:

(a) The number of hours the trainee worked as a supervised trainee by category.

(b) The type of plumbing work the trainee performed (e.g., commercial or residential).

(4) Any information obtained from the trainee's contractor or employer during the audit under the provisions of RCW 18.106.320 is confidential and is not open to public inspection under chapter 42.17 RCW.

(5) The department's audit may include, but will not be limited to, the following:

(a) An audit to determine whether the trainee ((was)) and supervising plumber were employed by the same contractor or employer during the period for which the hours were submitted, the actual number of hours the trainee worked, and the category of plumbing work performed; and

(b) An audit covering a specific time period and examination of a contractor's or employer's books and records which may include their reporting of the trainee's payroll hours required for industrial insurance, employment security or prevailing wage purposes.

[Statutory Authority: RCW 18.106.040, 18.106.140, 2002 c 82, and 2003 c 399. 04-12-046, 296-400A-155, filed 5/28/04, effective 6/30/04.]


AMENDATORY SECTION(Amending WSR 04-12-046, filed 5/28/04, effective 6/30/04)

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

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

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

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

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

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

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

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

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

(4) The department may issue an infraction to a contractor advertising or performing work under this chapter or chapter 18.27 RCW who is not properly registered under chapter 18.27 RCW.

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

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

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

[Statutory Authority: RCW 18.106.040, 18.106.140, 2002 c 82, and 2003 c 399. 04-12-046, 296-400A-300, filed 5/28/04, effective 6/30/04. Statutory Authority: Chapter 18.106 RCW. 98-13-126, 296-400A-300, filed 6/17/98, effective 7/20/98. Statutory Authority: RCW 18.106.050, [18.106.]070, [18.106.]110, [18.106.]125, [18.106.]140 and [18.106.]270. 97-11-052, 296-400A-300, filed 5/20/97, effective 6/30/97.]

Washington State Code Reviser's Office