WSR 17-20-028

EMERGENCY RULES

[Filed September 27, 2017, 11:07 a.m., effective September 27, 2017, 11:07 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: This emergency rule creates a temporary limited category 03 license for individuals that is restricted to work performed on hand powered manlifts in grain terminals. An initial emergency rule (WSR 17-12-022) and CR-101 Preproposal statement of inquiry (WSR 17-12-023) were filed on May 30, 2017. This rule making renews the emergency rule while the permanent rule-making process continues.

Citation of Rules Affected by this Order: New WAC 296-96-00911.

Statutory Authority for Adoption: Chapter 70.87 RCW, Elevators, lifting devices, and moving walks.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: In Washington, all conveyances other than residential units must be inspected and tested at least once each year. Because of our statewide construction boom, there are more conveyances than ever in our state. But, there aren't enough licensed elevator mechanics to do inspection and testing.

While there are gaps between the number of conveyances and the number of licensed mechanics, this "service gap" is especially acute in the grain industry.

Grain terminals often have hand powered manlifts, which are simple to operate. Even so, these manlifts must be inspected and tested at least once per year. The inspection gap causes work stoppages, increased costs for farmers, and risks to those who work around the manlifts, particularly during the busy harvest season in the summer and fall.

Statewide, there are only three licensed elevator mechanics who hold a current category 03 license, and only two service providers, who can work on all kinds of electric, belt, and hand powered manlifts and special purpose elevators.

We estimate there are about three hundred fifty hand powered manlifts statewide that use only manual energy to operate and don't present the same sorts of risks that electric and belt manlifts and special purpose elevators do. However, our current rules require that hand powered manlifts be inspected and tested by either service providers that hold a full category 03 license, or those who hold a temporary category 09 license. To get a temporary license, the applicant must have finished seventy-five percent of education and training.

The elevator program has learned from stakeholders that there are three individuals who have finished fifty percent of the education and training to qualify for a full category 03 license. Finding a way to license them to inspect only hand powered manlifts could potentially address the inspection gap during the upcoming harvest season in the grain industry.

Stakeholders from the grain industry have asked the elevator program to create a temporary limited category 03 license, restricted to limited duties as an elevator mechanic to perform maintenance, testing, and repair of hand powered manlifts in grain terminals. This license excludes any type of electrical work.

The elevator program has created an emergency rule creating this temporary limited category 03 license to address the inspection gap in the grain industry for the upcoming harvest season.

To qualify for this temporary limited category 03 license for hand powered manlifts in grain terminals, individuals must meet the qualifications specified in the emergency rule. Elevator contractors must be able to demonstrate a backlog or need for the temporary limited license. The department will issue the temporary limited license based upon a contractor's ability to attest to a shortage of qualified elevator mechanics in these specific areas of the elevator industry: Maintenance, repair, installation or testing.

The temporary limited license for hand powered manlifts in grain terminals is valid for thirty days. It may be issued six times and renewed consecutively for a six-month period. An individual holding the license must be employed and designated as competent by a licensed elevator contractor and must be actively pursuing education and training to become a fully licensed category 03 elevator mechanic. The elevator contractor must be able to attest to a backlog or need for the temporary limited license for hand powered manlifts in the following areas: Maintenance, repair, installation, and testing of conveyances. The department will determine whether to issue the temporary limited category 03 license for hand powered manlifts based upon a demonstrated shortage of qualified elevator mechanics in these specific areas of the elevator industry.

The department has initiated the permanent rule-making process and is working with stakeholders to develop the permanent rule.

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 the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, 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 1, Amended 0, Repealed 0.

Date Adopted: September 27, 2017.

Joel Sacks

Director