WSR 09-12-098

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed June 2, 2009, 10:29 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-10-065.

Title of Rule and Other Identifying Information: WAC 296-127-01322 Electronic technicians scope of work.

Hearing Location(s): Department of Labor and Industries, Tukwila Service Location, 12806 Gateway Drive, Tukwila, WA, on July 8, 2009, at 10:00 a.m.; and at the Department of Labor and Industries, Spokane Service Location, 901 North Monroe Street, Suite 100, Tukwila, WA, on July 14, 2009, at 10:00 a.m.

Date of Intended Adoption: August 18, 2009.

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 July 14, 2009.

Assistance for Persons with Disabilities: Contact Sally Elliott by July 1, 2009, 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 or occupation or "classification" of work. These classifications are described in the "scopes of work" rules. The electronic technician regulation is a preexisting scope of work rule. Electronic technicians work with low voltage electrical systems. Under the current rule, electronic technicians may pull low voltage wire through metallic conduit that is no longer than ten feet nor larger than one inch. The purpose of this rule making is to allow electronic technicians to pull low voltage wire through any length or width of conduit, with the exception of wire for fire alarm systems. The proposed rule will clear up ambiguities raised by stakeholders.

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: David Soma, Tumwater, Washington, (360) 902-5330; Implementation and Enforcement: Steve McLain, 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)). Wage rates already exist for each of these job classifications. Through this rule making, the department provides greater clarity to all affected parties as to when and to which activities the wage rates apply on public works projects.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Sally Elliott, P.O. Box 44400, Olympia, WA 98504-4400, phone (360) 902-6411, fax (360) 902-5292, e-mail yous235@lni.wa.gov.

June 2, 2009

Judy Schurke

Director

OTS-2248.3


AMENDATORY SECTION(Amending WSR 00-15-077, filed 7/19/00, effective 7/19/00)

WAC 296-127-01322   Electronic technicians.   (1) For the purpose of the Washington state public works law, chapter 39.12 RCW, ((the scope of work for)) electronic technicians ((is as follows:

(1) The installation, operation, inspection, maintenance,)) install, operate, inspect, maintain, repair, and service ((of)):

(a) Radio, television and recording systems and devices((.));

(b) Systems for paging, intercommunication, public address, wired music, clocks, security and surveillance systems and mobile radio systems((.)); and

(c) Fire alarm and burglar systems.

(2) When installed for the specific purpose of carrying low voltage wiring, the ((installation)) work identified in subsection (1) of this section includes:

(a) Installing unlimited lengths of nonmetallic conduit((s and));

(b) Installing incidental ((shielded)) metallic conduits of no longer than ten feet nor larger than one inch((, when installed for the specific purpose of carrying low voltage wiring.));

(((3))) (c) Pulling wiring through ((the type of)) conduit ((described under subsection (2) of this section, when the wiring is installed for the specific purpose of carrying low voltage electricity.)), except as provided in subsection (3) of this section; and

(((4))) (d) All the cleanup required in connection with electronic technician's work.

(3) The work identified in subsection (1) of this section does not include pulling wiring through conduit that exceeds ten feet in length for the purpose of installing fire alarm systems.

[Statutory Authority: Chapter 39.12 RCW, RCW 43.22.270 and 43.22.051. 00-15-077, 296-127-01322, filed 7/19/00, effective 7/19/00.]

Washington State Code Reviser's Office