PERMANENT RULES
PUBLIC INSTRUCTION
Effective Date of Rule: Thirty-one days after filing.
Purpose: Requirement per RCW 39.04.320 [(1)](c)(i) regarding apprenticeship utilization necessitate[s] making changes to WAC 392-344-095 and 392-344-165 in order to educate and verify that the districts have fulfilled the apprenticeship utilization requirements. The changes require the district to include language in the construction documents that the apprenticeship requirements must be followed. The other requirement will be a certification by the school district that the apprenticeship reporting requirements are met prior to receiving retainage from the state.
Citation of Existing Rules Affected by this Order: Amending WAC 392-344-095 and 392-344-165.
Statutory Authority for Adoption: RCW 28A.525.020 Duties of the superintendent of public instruction.
Adopted under notice filed as WSR 10-15-042 on July 13, 2010.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: August 25, 2010.
Randy Dorn
Superintendent of
Public Instruction
OTS-3411.1
AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06,
effective 8/25/06)
WAC 392-344-095
Construction documents -- Compliance with
public works statutory provisions.
The construction documents
shall provide for compliance by the contractor with pertinent
statutory provisions relating to public works including the
following:
(1) Chapter 39.08 RCW relating to contractor's bond;
(2) Chapter 39.12 RCW relating to prevailing wages;
(3) Chapter 18.27 RCW relating to contractor registration;
(4) Chapter 49.28 RCW relating to hours of labor;
(5) Chapter 49.60 RCW relating to discrimination; ((and))
(6) Chapter 70.92 RCW relating to the provisions for the aged and physically handicapped;
(7) RCW 39.04.320 relating to apprenticeship utilization.
[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-344-095, filed 7/25/06, effective 8/25/06. Statutory Authority: Chapter 39.25 RCW, RCW 39.25.010, 39.25.020 and 39.25.030. 95-08-031, § 180-29-095, filed 3/29/95, effective 4/29/95. Statutory Authority: RCW 28A.47.802. 84-21-003 (Order 11-84), § 180-29-095, filed 10/4/84. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-095, filed 10/17/83.]
(1) These documents shall be required no later than thirty days after official acceptance:
(a) Properly executed state invoice voucher as per the requirements of WAC 392-344-145;
(b) Architect/engineer certificate(s) of completion;
(c) School district board of directors' resolution of final acceptance signed by the authorized agent of the school district;
(d) School district board of directors' resolution accepting the building commissioning report;
(e) Certification by the authorized agent of the school district that the requirements of RCW 39.04.320 apprenticeship utilization have been met.
(2) These documents shall be required no later than sixty days after official acceptance:
(a) Certification by the authorized agent of the school district that the district has on file all affidavits of wages paid in compliance with RCW 39.12.040;
(b) After expiration of forty-five days following acceptance of the project by the school district, a signed statement by the authorized agent of the school district that no lien(s) is on file with the school district or a certified list of each lien is on file with the school district. A copy of each lien shall be forwarded to the superintendent of public instruction;
(c) Either a permanent or temporary occupancy permit by building official of the jurisdiction. Also required are release documents as defined in chapter 60.28 RCW, RCW 50.24.130, and 51.12.050.
[Statutory Authority: RCW 28A.525.020. 08-20-008, § 392-344-165, filed 9/18/08, effective 10/19/08; 06-16-032, amended and recodified as § 392-344-165, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. 92-24-027, § 180-29-165, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-165, filed 10/17/83.]