WSR 15-20-124
PROPOSED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed October 7, 2015, 11:19 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-13-099.
Title of Rule and Other Identifying Information: Chapter 296-400A WAC, Plumber certification rules.
Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Room S118, Tumwater, WA 98501, on November 17, 2015, at 1:00 p.m.
Date of Intended Adoption: January 5, 2016.
Submit Written Comments to: Beverly Clark, P.O. Box 44400, Olympia, WA 98504-4400, e-mail Beverly.Clark@Lni.wa.gov, fax (360) 902-5292, by 5 p.m. on November 17, 2015. Written comments submitted by fax must be ten pages or less.
Assistance for Persons with Disabilities: Contact Beverly Clark by 5 p.m. on November 1, 2015, at Beverly.Clark@Lni.wa.gov or (360) 902-6272.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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.
Proposed rule changes being put forward include:
Amending the rule to be consistent with the national consensus code;
Establishment of a requirement for display of valid plumber certificate of competency; and
General housekeeping changes.
Reasons Supporting Proposal: This rule making is to amend existing rules to be consistent with the national consensus standards, industry practice, and to clarify the rules. The plumbing program worked with the Washington state advisory board of plumbers, with representation from business, labor, and the public, regarding employer compliance with plumbing rules. The advisory board of plumbers has endorsed the concept of the proposed changes.
Statutory Authority for Adoption: Chapter 18.106 RCW.
Statute Being Implemented: Chapter 18.106 RCW.
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: Dean Simpson, Tumwater, Washington, (360) 902-5571; Implementation and Enforcement: Elizabeth Smith, Tumwater, Washington, (360) 902-6320.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department's proposed rules are subject to the Regulatory Fairness Act, but they do not require a small business economic impact statement because the proposed changes are exempt by law (see RCW 19.85.025 referencing RCW 34.05.310(4)).
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Beverly Clark, 243 Israel Road S.E., Building 3, Tumwater, WA 98501, phone (360) 902-6272, fax (360) 902-4988, e-mail Beverly.clark@lni.wa.gov.
October 7, 2015
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 10-06-051, filed 2/24/10, effective 4/1/10)
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.
"Assist" means a friend, neighbor, or other person (including a certified plumber) may assist a householder, at his or her residence, in the performance of plumbing work on the condition that the householder is present when the work is performed and the person assisting the householder does not accept money or other forms of compensation for the volunteer work. For the purposes of this subsection, a residence is a single-family residence.
"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.
"Calendar day" means each day of the week, including weekends and holidays.
"Continuing education" is approved plumbing and electrical courses for ((journeymen)) journey level, 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 ((journeymen)) journey level, 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)) at the time of renewal by the person holding the medical gas piping installer endorsement and requires the notarized 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. The medical gas installer must also review the current medical gas code and sign the affidavit stating that they have done so.
"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.
"Control" means that the journey level plumber, specialty plumber, or temporary permit plumber is physically on-site at the start of each day and each and every job site to diagnose, direct, and lay out the plumbing work the trainee is to perform.
"Course of study" means classroom training and practical work experience in the plumbing industry as defined in WAC 296-400A-100.
"Department" is the department of labor and industries.
"Director" is the director of the department of labor and industries.
"Dispatcher" means the contractor's employee who authorized the work assignment of the person employed in violation of chapter 18.106 RCW.
"((Journeyman)) Journey level plumber" is anyone who has learned the commercial plumbing trade and has been issued a ((journeyman)) journey level certificate of competency by the department. A ((journeyman)) journey level 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 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;
(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)) journey level 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.
"Story" is defined by the current building codes and amendments adopted by the state building code council which includes basements or garages.
"Supervision" for the purpose of these rules means within sight ((or)) and sound. Supervision requirements are met when the supervising plumber is on the premises and within sight ((or)) and sound of the individual who is being trained.
"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)) journey level plumber or specialty plumber working in their specialty.
"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.
AMENDATORY SECTION (Amending WSR 09-10-080, filed 5/5/09, effective 6/5/09)
WAC 296-400A-010 Plumbing certificate types and scope of work.
(1) ((Journeyman)) Journey level plumber (PL01): A ((journeyman)) journey level 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)) journey level 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 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)) journey level or specialty plumber. A trainee ((shall)) must keep a record of the hours worked as a trainee as required by WAC 296-400A-120(3).
(7) Certified ((journeyman)) journey level 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)) plumber trainee card is not required for: Certified ((journeyman)) journey level electricians, certified residential specialty electricians, or electrical trainees working for ((an)) a general or residential specialty electrical contractor (EC01 or EC02) and performing exempt work under RCW 18.27.090(18). A plumber trainee must have ((a)) an electrical trainee (ET00) certificate in order to work with a ((journeyman)) journey level electrician((,)) or 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.
AMENDATORY SECTION (Amending WSR 09-10-080, filed 5/5/09, effective 6/5/09)
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)) Journey level, residential and domestic pump 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) 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;
(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) Submitting evidence of a current backflow assembly tester certification issued by the department of health;
(c) Paying the application and certificate fee shown in WAC 296-400A-045(1);
(((c))) (d) Passing the competency examination; and
(((d))) (e) Paying the certification issuance fee within ninety days of notification of passing the written examination. Failure to pay within ninety days will require reexamination.
AMENDATORY SECTION (Amending WSR 05-11-061, filed 5/17/05, effective 6/30/05)
WAC 296-400A-021 How do I obtain a medical gas piping installer endorsement?
(Only ((journeyman)) journey level plumbers holding active state of Washington certification may apply for this endorsement.) This section applies if you have never held the endorsement.
You can obtain a medical gas piping installer endorsement by completing the following requirements:
(1) Submit an application to the department; ((and))
(2) Pay the ((examination)) application fee shown in WAC 296-400A-045; ((and))
(3) Submit the required evidence of approved training to the department; ((and))
(4) Pass the written and practical competency examination provided by a nationally recognized testing agency under contract with the department;* and
(5) Pay the endorsement issuance fee shown in WAC 296-400A-045 to the department.
*((The written and practical competency examination is performed under contract with a nationally recognized testing agency. The results of the competency examination will be forwarded to the department for processing.)) This section applies if you previously held the endorsement.
(6) If you previously held a medical gas endorsement in Washington and it has been expired for more than ninety days, you are required to take the department's medical gas examination. You can apply for the examination by completing the following requirements:
(a) Submit an application to the department;
(b) Pay the examination fee shown in WAC 296-400A-045;
(c) Pass the competency examination;
(d) Pay the certificate issuance fee within ninety days of notification of passing the written examination;
(e) Failure to pay within ninety days will require reexamination.
AMENDATORY SECTION (Amending WSR 10-06-051, filed 2/24/10, effective 4/1/10)
WAC 296-400A-022 What procedure is required for renewal of a ((journeyman)) journey level medical gas endorsement?
(1) Maintain an active Washington state ((journeyman)) journey level certification.
(2) Submit affidavit of continuity verifying that brazing has been performed every six months during the renewal cycle.
(3) Submit affidavit of review of current medical gas code adopted by the Washington state building code council.
(4) Pay the appropriate fee: If renewal occurs before expiration of current endorsement, the renewal fee shown in WAC 296-400A-045; if renewal occurs within ninety days of expiration of current endorsement, you must pay a double renewal fee; if the current endorsement has been expired for ninety-one days or more, you must take an examination relating to medical gas installation administered by the department and pay the examination application fee shown in WAC 296-400A-045. Medical gas endorsement is renewed every two years.
(5) Contractors ((shall)) must accurately verify and attest to brazing performed by the ((journeyman)) journey level by sending an affidavit of continuity to the department or in lieu of the biannual braze requirement from the contractor, a performed brazed coupon test documenting that the coupon was certified as passing from a department approved medical gas training course provider would be accepted.
(6) If affidavit of continuity and/or affidavit of review are not received within ninety days of expiration, the applicant will be required to retake the examination and pay the appropriate fees prior to being placed in active status.
AMENDATORY SECTION (Amending WSR 06-24-040, filed 11/30/06, effective 12/31/06)
WAC 296-400A-023 What process is required for renewal of ((journeyman, domestic pump specialty, and residential specialty)) plumber certificates of competency?
(1) An individual must apply for renewal of their plumbing certificate before the expiration date of the certificate. The individual may not apply for renewal more than ninety days prior to the expiration date. ((Journeyman and)) Journey level residential specialty and backflow specialty plumber certificates are renewed every two years. Domestic pump specialty plumber certificates are renewed every three years.
(2) An individual may renew their certificate within ninety days after the expiration date without reexamination if the individual pays the ((late)) doubled renewal fee ((listed in WAC 296-400A-045)) referenced in RCW 18.106.070.
(3) All applications for renewal received more than ninety days after the expiration date of the plumbing certificate require that the plumber pass the appropriate competency examination before being recertified.
(4) All applicants for plumbing certificate renewal must:
(a) Submit a complete renewal application;
(b) Pay all appropriate fees; and
(c) Provide accurate evidence ((on the renewal form)) that the individual has completed the continuing education requirements described in WAC 296-400A-028 (excluding backflow specialty).
If an individual files inaccurate or false evidence of continuing education information when renewing a plumbing certificate, the individual's plumbing certificate may be suspended or revoked.
(5) A ((journeyman)) journey level, domestic pump specialty, or residential specialty plumber certificate holder who has not completed the required hours of continuing education ((prior to the)) on or before the renewal date must pay a doubled fee according to RCW 18.106.070. Also, if the required hours of continuing education are not completed within ninety days after the expiration date the applicant will be required to retake the examination and pay the appropriate fees prior to being placed in active status.
(6) Backflow specialty plumber certificate holders must submit evidence of an active backflow assembly tester certification issued by the department of health within ninety days of their expiration date. If the backflow assembly tester evidence is not submitted within ninety days after the expiration date, the applicant will be required to retake the examination and pay the appropriate fees prior to being placed in active status.
(7) An individual may renew a suspended plumbing certificate by submitting a complete renewal application including obtaining and submitting the continuing education required for renewal. However, the certificate will remain in a suspended status for the duration of the suspension period.
(((7))) (8) An individual may not renew a revoked plumbing certificate.
NEW SECTION
WAC 296-400A-024 How do you meet the requirement that the person performing plumbing wear or visibly display their certification, trainee card, or endorsement?
(1) To work in the plumbing trade, an individual must possess, wear, and visibly display on the front of the upper body a current, valid plumber certificate of competency, medical gas endorsement, or plumber trainee card.
(a) The certificate may be worn inside the outer layer of clothing when outer protective clothing (e.g., rain gear when outside in the rain, arc flash, welding gear, etc.), is required.
(b) The certificate must be worn inside the protective clothing so that when the protective clothing is removed, the certificate is visible. A cold weather jacket or similar apparel is not protective clothing.
(c) The certificate may be worn inside the outer layer of clothing when working in an attic or crawl space or when operating equipment where wearing the certificate may pose an unsafe condition for the individual.
(2) The certificate must be immediately available for examination at all times.
(3) The individual must also have in their possession governmental issued photo identification.
AMENDATORY SECTION (Amending WSR 09-10-080, filed 5/5/09, effective 6/5/09)
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)) journey level, residential specialty plumbers, domestic pump specialty plumbers, and plumber trainees?
(1) ((Journeyman)) Journey level, residential specialty plumber, domestic pump specialty plumber, and plumber trainee.
(a) To be eligible for renewal of a ((journeyman)) journey level 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)) a minimum of eight hours of plumbing code and ((at least)) a minimum of four hours of electrical ((code)) trade related classes 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)) must renew their domestic pump specialty certificate once every three years, on or before the individual's birthday. Individuals will be required to complete twenty-four hours of approved continuing education. 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 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)) trade related classes from the currently adopted Washington state plumbing and electrical codes. The remaining four hours may be plumbing or electrical trade related classes.
(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)) their renewal cycle. 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.
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 with amendments as adopted by the state building code council 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 with amendments as adopted by the state building code council or currently adopted National Electrical Code.
(a) Correspondence and online courses in the plumbing code or industry related plumbing category require thirty-five questions per hour of credit. Exams and answers required with course application.
(b) Correspondence and online courses in the industry related electrical ((courses)) category require twenty-five questions per hour of credit. Exams and answers required with course application.
(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. On new code cycle years new code courses can be approved and taught three months prior to the formal adoption date.
(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)) may 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 an electronic copy of 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.
AMENDATORY SECTION (Amending WSR 04-12-046, filed 5/28/04, effective 6/30/04)
WAC 296-400A-029 What is the implementation schedule for the continuing education course requirements?
• Individuals that renew between July 1, 2005, and June 30, 2006, are required to complete eight hours of continuing education courses.
• Effective July 1, 2006, all journey level and residential specialty renewals will require sixteen hours of continuing education.
AMENDATORY SECTION (Amending WSR 06-24-040, filed 11/30/06, effective 12/31/06)
WAC 296-400A-030 Do I need a temporary permit?
You need a temporary permit if you are an active out-of-state ((journeyman)) journey level plumber, domestic pump specialty plumber, or a residential specialty plumber residing in a state that does not have a reciprocal agreement with Washington and you would like to work as a plumber in Washington. Temporary permits are not issued for installers of medical gas piping systems.
Temporary permits are not issued for the backflow assembly maintenance and repair specialty. Therefore, WAC 296-400A-030 through 296-400A-033 do not apply to this specialty.
AMENDATORY SECTION (Amending WSR 09-10-080, filed 5/5/09, effective 6/5/09)
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)) journey level plumber, domestic pump specialty plumber, or a residential specialty plumber certificate;
(2) Give the department sufficient qualifying evidence for a ((journeyman)) journey level plumber, domestic pump specialty plumber, or a residential specialty plumber certificate of competency;
(3) Never have taken the ((journeyman)) journey level 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.
AMENDATORY SECTION (Amending WSR 09-10-080, filed 5/5/09, effective 6/5/09)
WAC 296-400A-033 What is the duration of a temporary permit?
A temporary permit is valid for ((one hundred twenty days)) four months and is nonrenewable.
AMENDATORY SECTION (Amending WSR 04-12-046, filed 5/28/04, effective 6/30/04)
WAC 296-400A-035 How can I be placed on inactive status?
To be placed on inactive status, you must meet these three requirements:
(1) You must currently be a certified plumber;
(2) Have your inactive status request submitted and approved by the department prior to the expiration date of your plumbing certificate; and
(3) Not be working in the plumbing trade.
Inactive status means that you are not currently working in the plumbing trade and you are not required to pay the ((annual)) certificate renewal fee. If you have been in inactive status for less than five years, you may return to active status, without reexamination, by paying the reinstatement fee shown in WAC 296-400A-045. If you have been in inactive status for five or more years, you are required to reapply and pass the competency examination pursuant to WAC 296-400A-020 and pay the appropriate fees shown in WAC 296-400A-045.
(4) Journey level and residential specialty plumbers are required to meet a minimum of sixteen hours continuing education with ((four of the)) a minimum of eight hours of plumbing code and a minimum of four hours being in electrical training before being reinstated. The remaining four hours can be from any of the approved categories.
(5) Domestic pump plumbers are required to complete twenty-four hours, with a minimum of twelve hours of plumbing classes before being reinstated.
(6) Inactive status does not apply to medical gas endorsements.
AMENDATORY SECTION (Amending WSR 11-23-141, filed 11/22/11, effective 12/31/11)
WAC 296-400A-045 What fees will I have to pay?
The following are the department's plumbers nonrefundable fees: Fees related to ((journeyman)) journey level and specialty plumber certification:
Type of Fee
Period Covered by Fee
Dollar Amount of Fee
Examination application
Per examination
$151.90
Domestic pump specialty application fee*******
Per application
$151.90
Reciprocity application*
Per application
$151.90
Trainee certificate**
One year or when hours are updated
$45.20
Temporary permit (not applicable for
backflow assembly maintenance and
repair specialty)
((120 days)) four months
$75.40
((Journeyman)) Journey level or residential specialty
certificate renewal or 1st card***
Two years
$121.60
Domestic pump specialty plumber certificate renewal or 1st card***
Three years
$182.50
Backflow assembly maintenance and
repair specialty certificate renewal or
1st card***
Two years
$83.90
Medical gas endorsement
application
Per application
$55.90
Medical gas endorsement renewal or
1st card***
Two years
$83.60
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)) journey level certificates
 
$243.90
Reinstatement fee for backflow assembly maintenance and repair specialty certificates
 
$140.30
Reinstatement fee for domestic pump
 
$365.20
Replacement fee for all certificates
 
$20.50
Refund processing fee
 
$32.60
Unsupervised trainee endorsement
 
$32.60
Inactive status fee
 
$32.60
((Honorary plumbing certification
 
$130.30))
Certified letter fee/verification of licensure
 
$32.60
Documents copied from a plumber's file
 
$2.00 per page maximum copy charge $30.00
Continuing education new course fee******
 
$197.50
Continuing education renewal course fee******
 
$98.60
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)) will expire one year from the date of issuance and must be renewed on or before the date of expiration. Trainee update fee required when hours are submitted outside of renewal period.
***
 
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 two-year renewal of a Medical Gas Piping Installer Endorsement ((shall)) must include a continuity affidavit verifying that brazing work has been performed every six months during the renewal cycle.
****
 
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 or the domestic pump or pump and irrigation examination. 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.
AMENDATORY SECTION (Amending WSR 02-14-074, filed 6/28/02, effective 7/1/02)
WAC 296-400A-070 Can I work as a certified plumber in Washington without taking the Washington state plumbers' competency examination?
The director of labor and industries negotiates reciprocal agreements with states that have equivalent requirements for certification and licensing of journey level and specialty plumbers. The agreement allows plumbers from those states to work in Washington and Washington-certified plumbers to work in the other state without taking competency examinations. To find out if your state has an agreement with the department contact the plumber's certification clerk at the department's Tumwater, Washington headquarters. You may be eligible to work in Washington state without taking an examination if:
(1) You have a current plumbers certificate or license from another state; and
(2) That state has a current reciprocal agreement with the department of labor and industries; and
(3) You pay the reciprocity application fee and ((journeyman)) journey level or specialty certificate fee shown in WAC 296-400A-045.
((The director of labor and industries negotiates reciprocal agreements with states that have equivalent requirements for certification and licensing of journeyman and specialty plumbers. The agreement allows plumbers from those states to work in Washington and Washington-certified plumbers to work in the other state without taking competency examinations. To find out if your state has an agreement with the department, contact the plumber's certification clerk at the department's Tumwater, WA headquarters.))
(4) Reciprocity agreements cannot be used to take the Washington state competency examination instead of the examination in your home state.
(((4)(a) Those actively certified by the department of health on or before July 1, 2001, as backflow assembly testers and registered as a contractor under chapter 18.27 RCW or employed by a registered contractor, may perform maintenance and repair of backflow prevention assemblies, without being a certified plumber under chapter 18.106 RCW and these rules, until January 1, 2003.
(b) After January 1, 2003, backflow assembly testers exempted under (a) of this subsection are required to meet the eligibility requirements for a specialty plumber's certificate of competency under chapter 18.106 RCW and these rules.)) (5) 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.
(6) An applicant for a reciprocal certificate must be a resident of the state in which they hold the certificate at the time they make the application for reciprocity. A certificate by reciprocity must not be granted to an individual residing in the state to which they are making application at the time of application.
(7) Reciprocal certificate holders are responsible for the renewal of their certificate. A late renewal fee and/or reexamination can result when renewal is not accomplished in accordance with each state's respective statutes.
AMENDATORY SECTION (Amending WSR 10-06-051, filed 2/24/10, effective 4/1/10)
WAC 296-400A-100 For certification purposes, how are "years of employment" computed and documented?
(1) For certification purposes, 2,000 hours of employment is considered one year. See RCW 18.106.070(2).
(2) When you renew your certificate, you must document your previous years' plumbing work by accurately completing the department's approved form and submitting it to the department.
(3) If you have completed a one, two, three, four or more years plumbing construction trainee program, you must have the necessary training hours for the year in which you are registered. No more than fifty percent of the minimum work experience needed to qualify for plumbing certification is allowed for any training school program. See RCW 18.106.040.
(4) Subsections (1) through (3) of this section do not apply to the backflow assembly maintenance and repair specialty certification as years of employment are not required for this specialty. Applicants for this specialty designation are required to have fulfilled the requirements in WAC ((296-400A-122)) 296-400A-121 and pay the applicable fees in WAC 296-400A-045(2).
(5) Experience obtained as a backflow assembly maintenance and repair specialty may not be applied toward ((journeyman)) journey level or specialty plumber certification.
(6) For experience in another country, if an individual has a ((journeyman)) journey level plumbing certificate from a country outside the United States that requires that at least four years of plumbing construction training and certification is obtained by examination, the individual may be eligible for four thousand hours of the specialty credit allowed towards the qualification to take the Washington ((journeyman)) journey level plumbers examination. No more than two years of the required training to become a Washington ((journeyman)) journey level plumber may be for work described for specialty plumbers or technicians in WAC 296-400A-010. In addition to the maximum of four thousand hours credit that may be allowed by this subsection, an additional four thousand hours of new commercial/industrial experience must be obtained using a training certificate in the state while under the supervision of a ((journeyman)) journey level plumber. Documentation substantiating the individual's out-of-country experience must be submitted in English.
(7) Out of country experience credit is not allowed toward a specialty plumbing certificate.
AMENDATORY SECTION (Amending WSR 10-06-051, filed 2/24/10, effective 4/1/10)
WAC 296-400A-120 What do I need to know about plumber trainee certificates (((excluding backflow assembly maintenance and repair specialty certification)))?
(((1) Journeyman)) General.
(1) Original trainee certificates.
Journey level 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))) (a) Date of birth, mailing address, Social Security number; and
(((ii))) (b) All appropriate fees as listed in WAC 296-400A-045.
(((iii))) (c) If an individual has previously held a plumbing trainee certificate, then that individual is not eligible for a subsequent original trainee certificate.
(d) 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))) (2) Renewal.
(a) The department issues separate trainee certificates once a year.
(((c))) (b) The plumbing trainee may not apply for renewal more than ninety days prior to the expiration date. Plumber trainee certificates are valid for one year.
(((d))) (c) 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. Backflow trainees are exempt from continuing education requirements.
(((e))) (d) 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.
(((f))) (e) An individual who has not completed the required hours of continuing education ((cannot)) can renew a trainee certificate; however, the training certificate will be placed in an inactive status. The inactive training certificate will be returned to active status upon validation by the department of the required continuing education.
(((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.
(h))) (f) If continuing education hours have not been met, trainee certificates will become expired/inactive and any plumbing work experience obtained by the trainee in expired/inactive status will not be credited ((toward plumbing certificate application)).
(((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.
(j))) (g) An individual may not renew a revoked trainee certificate.
(((k))) (h) 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. Included under this exemption are active trainees that are not in the formal approved program according to chapter 49.04 RCW but are attending all hours of required classroom training along with the apprentices and meeting the work experience as required under chapter 18.106 RCW and this chapter. The plumber craft training school ((shall)) will be required to supply the department the necessary documentation to prove there was full hourly attendance of these trainees as is required of the apprentices while they attend the classroom training.
(((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.
(m))) (i) The trainee will not be issued a renewal or reinstated training certificate if the individual owes the department money as a result of an outstanding final judgment.
(3) Ratio/supervision.
(a) Commercial/residential.
(i) A certified residential specialty plumber or domestic pump specialty plumber working on a commercial job site may work as a ((journeyman)) journey level trainee only if they have a current trainee certificate on their person while performing commercial plumbing work.
(((n))) (ii) On a job site, the ratio of certified plumbers to ((noncertified)) plumbers trainees must be:
(((i))) (A) One residential specialty plumber or ((journeyman)) journey level working on a residential plumbing job site may supervise no more than two trainees. Supervision must be a minimum of seventy-five percent of the time spent on each and every job site.
(((ii) One journeyman)) (B) One journey level 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. Supervision must be a minimum of seventy-five percent of the time spent on each and every job site.
(b) Domestic pump.
(((iii))) One appropriate domestic pump specialty plumber or one ((journeyman)) journey level plumber working on a domestic pump system may supervise no more than two trainees. Supervision must be a minimum of seventy-five percent of the time spent on each and every job site.
(c) Medical gas.
(((o))) A plumber trainee or specialty plumber 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)) journey level plumber with an active medical gas piping installer endorsement issued by the department. Supervision must be one hundred percent of the ((working day)) time spent on each and every job site on a one-to-one ratio.
(((p) Plumber trainee shall renew the certificate annually but not more than ninety days before the expiration date.
(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.
(r) Trainee hours will not be credited if the trainee owes outstanding penalties for violations of this chapter.
(2))) (d) Backflow.
A backflow specialty plumber, a journey level plumber on a commercial job site, or a residential specialty plumber on a residential job site must supervise one backflow trainee to perform maintenance and repair work on every backflow assembly on potable water systems inside every commercial or residential building. The ratio must be one to one for one hundred percent of the time on each and every job site.
(4) Affidavits of experience.
(a) At the time of renewal, the holder ((shall)) must 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))) (i) The plumbing installation work performed for each employer the individual worked for in the plumbing trade during the previous period;
(((b))) (ii) The correct plumbing category the individual worked in; and
(((c))) (iii) The actual number of hours worked in each category, worked under the proper supervision of a Washington certified ((journeyman)) journey level plumber, certified domestic pump specialty plumber, or residential specialty plumber.
(((3))) (b) 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.
(((4))) (c) 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.
(d) Trainee hours will not be credited if the trainee owes outstanding penalties for violations of this chapter.
(e) Trainee hours will not be credited during periods of time when the trainee card is expired or inactive.
AMENDATORY SECTION (Amending WSR 06-24-040, filed 11/30/06, effective 12/31/06)
WAC 296-400A-121 What do I need to know about trainee experience and plumber examination requirements for the ((journeyman)) journey level and specialty plumber (((excluding the backflow assembly maintenance and repair specialty)))?
(1) ((If you possess a trainee certificate:
(a))) You may take the residential specialty plumber examination after completing 6,000 hours and not less than three years of documented training under direct supervision of a certified residential specialty or journey level plumber.
(((b))) (2) You may take the ((journeyman)) journey level examination after completing 8,000 hours and not less than four years of documented training which must include 4,000 hours of commercial plumbing experience under direct supervision of a certified journey level plumber.
(((2) All journeyman trainees must work under the direct supervision of a journeyman plumber until they have completed 8,000 hours of training.
When 8,000 training hours have been completed, the trainee must take the journeyman examination. Any trainee who has failed the journeyman plumber examination cannot retake the examination for at least one month and must work under the direct supervision of a journeyman plumber until the examination is passed.
(3) To be eligible for the residential specialty plumber's examination, a residential specialty trainee must complete 6,000 hours of training under the direct supervision of either a certified specialty plumber or a journeyman plumber. Any residential specialty trainee who has failed the residential specialty examination, cannot retake the examination for at least one month and must work under the direct supervision of a certified plumber until the examination is passed.
(4))) (3) For domestic pump specialty plumbers:
(a) To be eligible for a limited volume domestic pump specialty plumbers examination defined by RCW 18.106.010 (10)(c), the trainee must complete 2,000 hours practical experience working under the direct supervision of a certified limited volume domestic pump specialty plumber, a certified unrestricted domestic pump specialty plumber, or a ((journeyman)) journey level plumber on pumping systems not exceeding one hundred gallons per minute. The experience may be obtained at the same time the individual is meeting the experience required by RCW 19.28.191, or equivalent experience may be accepted as determined by rule by the department in consultation with the advisory board. Restricted domestic pump specialty trainees who have completed at least 720 hours of on-the-job training and passed the competency examination required by WAC 296-400A-020 may work unsupervised for the remainder of the time required for work experience to become a restricted domestic pump specialty plumber.
(b) To be eligible for an unrestricted domestic pump specialty plumbers examination defined by RCW 18.106.010 (10)(c), the trainee must complete 4,000 hours but not less than two years, of practical experience working under the direct supervision of a certified unrestricted domestic pump specialty plumber or a ((journeyman)) journey level plumber on pumping systems. The experience may be obtained at the same time the individual is meeting the experience required by RCW 19.28.191 or equivalent experience may be accepted as determined by rule by the department in consultation with the advisory board.
(((5))) (4) To be eligible for a backflow assembly maintenance and repair specialty examination, the trainee must furnish written evidence that they have a valid backflow assembly tester certification administered and enforced by the department of health.
(5) Individuals are required to complete 16 hours of continuing education with a minimum of 4 hours of industry related electrical training prior to testing for journey level, domestic pump, or residential specialty plumber certification.
(6) Effective January 1, 2005, all plumber trainees will be required to meet the current hour requirements to test.
(((6))) (7) Apprentice/trade school endorsement requirements. An individual who has a current ((journeyman)) journey level plumber, domestic pump specialty plumber, or residential specialty plumber trainee certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a technical school program in the plumbing construction trade in a school approved by the work force training and education coordinating board, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter. In order to work without direct on-site supervision applicable to the type (residential or ((journeyman)) journey level) of training hours for which certification is being sought by the individual, this individual must obtain an apprentice/trade school trainee endorsement by submitting the applicable forms provided by the department and paying the applicable fees. This individual may work without direct on-site supervision until he or she receives the remaining hours required to be eligible to take the applicable examination. This individual may not supervise trainees. (See RCW 18.106.070.)
(((7))) (8) Any applicant (((trainee, specialty plumber or journeyman))) who fails an examination((,)) will be required to wait at least until the next scheduled examination date and location and work under the direct supervision of a certified plumber while holding an active trainee card, until they have passed the exam and their certificate of competency has been issued. Examinations are held the first Thursday of every month, unless that date falls on a holiday. Applications ((shall)) must be submitted and received by the plumbing certification program office two weeks before the next scheduled date.
(9) Failure to reschedule or appear on the scheduled exam date will result in forfeiture of the examination fee.
AMENDATORY SECTION (Amending WSR 10-06-051, filed 2/24/10, effective 4/1/10)
WAC 296-400A-140 How does the department enforce plumbers certification requirements?
The department enforces plumber certification requirements by means of job-site inspections conducted by an authorized representative of the department. The representative must determine whether:
(1) Each person doing plumbing has their department issued certification card and governmental issued photo identification in their possession on the job site; and
(2) The ratio of certified specialty and/or ((journeyman)) journey level plumbers to certified trainees is correct; and
(3) Each certified trainee is directly supervised by either a certified specialty plumber or a certified ((journeyman)) journey level; and
(4) Persons who are installing medical gas piping systems have active medical gas piping installer endorsements in addition to their active plumber certification; and
(5) Persons who are certified as backflow assembly maintenance and repair specialties have an active backflow assembly tester certification from the department of health.
AMENDATORY SECTION (Amending WSR 10-06-051, filed 2/24/10, effective 4/1/10)
WAC 296-400A-400 What are the monetary penalties for violating certification requirements?
(1) A person cited for an infraction under chapter 18.106 RCW or this chapter ((shall)) will be assessed a monetary penalty based upon the following schedule:
(a) Individual
First Infraction
$250.00
Second Infraction
$500.00
Third Infraction
$750.00
Fourth and each additional infraction
Not more than $1,000.00
(b) Contractor or dispatcher
First Infraction
$250.00
Second Infraction
$500.00
Third and each additional infraction
Not more than $1,000.00
(2) Each day a person is in violation is considered a separate infraction.
(3) Each job site at which a person is in violation is considered a separate infraction.
AMENDATORY SECTION (Amending WSR 04-12-046, filed 5/28/04, effective 6/30/04)
WAC 296-400A-425 What if I owe outstanding penalties related to a department issued plumber infraction?
The department may deny your application or renewal of your certificate or endorsement if you owe outstanding penalties. The department must notify you of their denial by registered mail, return receipt requested. This notice of denial will be mailed to the address on your application.
Upon receipt of the notice, you have twenty days to file a notice of appeal with the department. Your notice of appeal must be accompanied by a certified check for two hundred dollars. This amount will be returned to you if the department's decision is not upheld by the hearings officer. If the hearings officer upholds the department's decision, the two hundred dollars will be applied to the cost of the hearing.
The office of administrative hearings ((shall)) must conduct the hearing under chapter 34.05 RCW.
AMENDATORY SECTION (Amending WSR 02-14-074, filed 6/28/02, effective 7/1/02)
WAC 296-400A-430 If I am a certified backflow assembly maintenance and repair, ((journeyman)) journey level, or specialty plumber do I need to be a registered contractor under chapter 18.27 RCW?
Anyone who advertises, offers to do work, submits a bid, or performs any work under chapter 18.106 RCW and these rules must be a registered contractor as required under chapter 18.27 RCW, or an employee of such a registered contractor, with wages as their sole compensation.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 296-400A-036
How can I maintain my plumbing certificate as an honorary accomplishment?
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?
WAC 296-400A-135
How does the department enforce trainee supervision?