WSR 20-12-092
EXPEDITED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed June 2, 2020, 11:36 a.m.]
Title of Rule and Other Identifying Information: Plumbing, chapter 296-400A WAC, Plumber certification rules.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making addresses the 2020 plumber law (chapter 153, Laws of 2020, SB 6170) addresses following:
Creating a residential service plumbing certificate.
Modifying the acceptable supervisory ratios of plumber trainees to certified plumbers and authorizes remote supervision in certain circumstances.
Increasing the number of members on the advisory board of plumbers.
Adjusting fees related to journey level and specialty plumber certification.
Reasons Supporting Proposal: This rule is the result of the entire industry working together for several years. It addresses issues in the plumbing industry that have not been updated for thirty-five years. There is a current shortage of service plumbers due to high training hour requirements, workforce aging, and an increasing need for that work. This creates a vacuum where the industry is flooded with untrained and uncertified people working in homes. The rule maintains the House Bill Report - 5 - SB 6170 integrity of the existing law while ensuring that qualified workers are put in people's homes. The definition of plumbing is limited to work within a building and the rule is limited to work that certified plumbers do. The industry is prepared to handle any added costs through options such as fees.
Statutory Authority for Adoption: Chapter 153, Laws of 2020, SB 6170.
Statute Being Implemented: Chapter 153, Laws of 2020, SB 6170.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Labor and industries (L&I), governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Dean Simpson, Tumwater, Washington, 360-902-5571.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This rule creates a new license type and new categories for plumber registrations. This rule also increases penalty amounts L&I can assess for infractions committed under RCW 18.106.020.
This notice meets the following criteria to use the expedited adoption process for these rules:
Content is explicitly and specifically dictated by statute.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The proposed rule does not have material or substantive difference from state rule and will be adopted without a change to technical meaning or effect [to] the state requirements.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Beverly Clark, Labor & Industries (L&I), P.O. Box 44470, Olympia, WA 98504-4470, phone 360-902-6272, fax 360-902-5292, email Beverly.Clark@Lni.wa.gov, AND RECEIVED BY August 3, 2020.
June 2, 2020
Joel Sacks
Director
AMENDATORY SECTION(Amending WSR 16-08-100, filed 4/5/16, effective 5/16/16)
WAC 296-400A-005What 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 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 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 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 or designee.
"Dispatcher" means the contractor's employee who authorized the work assignment of the person employed in violation of chapter 18.106 RCW.
"Journey level plumber" is anyone who has learned the commercial plumbing trade and has been issued a journey level certificate of competency by the department. A 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))and other medical gas or equipment including, but not limited to, medical vacuum systems.
"Multiunit" is a multi-single family residence contained in a building or group of buildings that do not exceed three stories on any portion of the building.
"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 rain water catchment and 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.
"Residential service" is limited to performing residential service in single-family dwellings and duplexes and can only repair or replace previously existing fixtures, piping, and fittings that are outside the interior wall or above the floor.
"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 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 and sound. Supervision requirements are met when the supervising plumber is on the premises and within sight and sound of the individual who is being trained. "Exception" for remote service trainee supervision available via mobile phone or a similar device on residential structure and meeting all other requirements under RCW 18.106.070 and the requirements for service plumbing under RCW 18.106.010.
"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 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 16-08-100, filed 4/5/16, effective 5/16/16)
WAC 296-400A-010Plumbing certificate types and scope of work.
(1) Journey level plumber (PL01): A journey level plumber may work on all phases of plumbing projects including residential, commercial and industrial worksite locations.
(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.
(3) "Residential service" is limited to performing residential service in single-family dwellings and duplexes and can only repair or replace previously existing fixtures, piping, and fittings that are outside the interior wall or above the floor. Does not include like-in-kind replacement of household appliances or other small utilization equipment that requires limited electric power and limited waste and/or water connections.
(4)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 work as a backflow specialty plumber under the supervision of a certified backflow specialty plumber, certified residential specialty plumber or certified journey level plumber. PT31 trainee requires one hundred percent supervision.
(((4)))(5)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)))(14)(c), only the equipment and piping defined by RCW 18.106.010 (((10)))(14)(c) are included in this specialty and other parts of the system must be worked on by the appropriate certification.
(((5)))(6)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)))(14)(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)))(7)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 journey level or specialty plumber. A trainee must keep a record of the hours worked as a trainee as required by WAC 296-400A-120(3).
(((7)))(8)Certified 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 plumber trainee card is not required for: Certified journey level electricians, certified residential specialty electricians, or electrical trainees working for 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 an electrical trainee (ET00) certificate in order to work with a journey level electrician or residential specialty electrician.
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 16-08-100, filed 4/5/16, effective 5/16/16)
WAC 296-400A-020How do I obtain a certificate of competency?
You can obtain a certificate of competency by completing the following requirements for:
(1) Journey level, residential, residential service, and domestic pump specialty plumber certificate:
(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);
(d) Passing the competency examination; and
(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 16-08-100, filed 4/5/16, effective 5/16/16)
WAC 296-400A-022What procedure is required for renewal of a journey level medical gas endorsement?
(1) Maintain an active Washington state 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))three years.
(5) Contractors must accurately verify and attest to brazing performed by the 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 16-08-100, filed 4/5/16, effective 5/16/16)
WAC 296-400A-023What process is required for renewal of 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. ((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 doubled renewal fee 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 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 journey level, domestic pump specialty, ((or)) residential specialty, or residential service plumber certificate holder who has not completed the required hours of continuing education 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.
(8) An individual may not renew a revoked plumbing certificate.
AMENDATORY SECTION(Amending WSR 16-08-100, filed 4/5/16, effective 5/16/16)
WAC 296-400A-028What are the requirements for continuing education and classroom training?
What are the general and continuing education course requirements for journey level, residential specialty plumbers, domestic pump specialty plumbers, and plumber trainees?
(1) Journey level, residential specialty plumber, residential service, domestic pump specialty plumber, and plumber trainee.
(a) To be eligible for renewal of a journey level ((plumber or)), residential specialty, or residential service plumber certificate, the individual must have completed at least ((sixteen))twenty-four hours of approved continuing education for each ((two))three years of the prior certification period. Individuals will be required in the prior ((two))three-year period to have completed a minimum of ((eight))twelve hours of plumbing code and a minimum of four hours of electrical trade related classes from the currently adopted Washington state plumbing and electrical codes. The remaining ((four))eight hours may be plumbing or electrical trade related classes.
(b) Domestic pump specialty plumbers 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 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 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 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 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 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 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 16-08-100, filed 4/5/16, effective 5/16/16)
WAC 296-400A-029What is the implementation schedule for the continuing education course requirements?
• Individuals that renew between July 1, ((2005))2020, and June 30, ((2006))2021, are required to complete ((eight))sixteen hours of continuing education courses.
• Effective July 1, ((2006))2021, all journey level and residential specialty renewals will require ((sixteen))twenty-four hours of continuing education.
AMENDATORY SECTION(Amending WSR 16-08-100, filed 4/5/16, effective 5/16/16)
WAC 296-400A-035How can I be placed on inactive status?
(1) To be placed on inactive status, you must meet these three requirements:
(a) You must currently be a certified plumber;
(b) Have your inactive status request submitted and approved by the department prior to the expiration date of your plumbing certificate; and
(c) 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 certificate renewal fee or required continuing education.
(2) To be reinstated from inactive status, you must meet these requirements:
(a) 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 and meet continuing education requirements for your certification.
(i) Journey level and residential specialty plumbers are required to meet a minimum of ((sixteen))twenty-four hours continuing education with a minimum of ((eight))twelve hours of plumbing code and a minimum of ((four))eight hours being in electrical training before being reinstated. The remaining four hours can be from any of the approved categories.
(ii) Domestic pump plumbers are required to complete twenty-four hours, with a minimum of twelve hours of plumbing classes before being reinstated.
(b) 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.
(3) Inactive status does not apply to medical gas endorsements.
AMENDATORY SECTION(Amending WSR 16-08-100, filed 4/5/16, effective 5/16/16)
WAC 296-400A-045What fees will I have to pay?
The following are the department's plumbers nonrefundable fees: Fees related to journey level and specialty plumber certification:
Type of Fee
Period Covered by Fee
Dollar Amount of Fee
Examination application
Per examination
$((151.90))160.85
Domestic pump specialty application fee*******
Per application
$((151.90))160.85
Reciprocity application*
Per application
$((151.90))160.85
Trainee certificate**
One year or when hours are updated
$((45.20))47.85
Temporary permit (not applicable for backflow assembly maintenance and repair specialty)
((Four months))One hundred twenty days
$((75.40))79.85
Journey level ((or)), residential specialty, or residential service certificate renewal or 1st card***
((Two))Three years
$((121.60))193.15
Domestic pump specialty plumber certificate renewal or 1st card***
Three years
$((182.50))193.25
Backflow assembly maintenance and repair specialty certificate renewal or 1st card***
((Two))Three years
$((83.90))133.25
Medical gas endorsement application
Per application
$((55.90))59.20
Medical gas endorsement renewal or 1st card***
((Two))Three years
$((83.60))132.80
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 journey level certificates
 
$((243.90))258.30
Reinstatement fee for backflow assembly maintenance and repair specialty certificates
 
$((140.30))148.55
Reinstatement fee for domestic pump
 
$((365.20))386.75
Replacement fee for all certificates
 
$((20.50))21.70
Refund processing fee
 
$((32.60))34.50
Unsupervised trainee endorsement
 
$((32.60))34.50
Inactive status fee
 
$((32.60))34.50
Certified letter fee/verification of licensure
 
$((32.60))34.50
Documents copied from a plumber's file
 
$((2.00))2.10 per page maximum copy charge $((30.00))31.75
Continuing education new course fee******
 
$((197.50))209.15
Continuing education renewal course fee******
 
$((98.60))104.40
Continuing education classes provided by the department
 
$((12))12.70 per continuing education training hour
 
 
$((8))8.45 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 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 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 16-08-100, filed 4/5/16, effective 5/16/16)
WAC 296-400A-120What do I need to know about plumber trainee certificates?
General.
(1) Journey level and specialty plumber original trainee certificates:
The department will issue an original trainee certificate when the trainee applicant submits a complete trainee certificate application including:
(a) Date of birth, mailing address, Social Security number; and
(b) All appropriate fees as listed in WAC 296-400A-045.
(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.
(2) Renewal.
(a) The department issues separate trainee certificates once a year.
(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.
(c) All applicants for trainee certificate of renewal must:
(i) Submit a complete renewal application;
(ii) Pay all appropriate fees; and
(iii) Completed the continuing education requirements described in chapter 296-400A WAC. Backflow trainees are exempt from continuing education requirements.
(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.
(e) An individual who has not completed the required hours of continuing education 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.
(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.
(g) An individual may not renew a revoked trainee certificate.
(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 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.
(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, residential service plumber, or domestic pump specialty plumber working on a commercial job site may work as a journey level trainee only if they have a current trainee certificate on their person while performing commercial plumbing work.
(ii) On a job site, the ratio of certified plumbers to plumbers trainees must be:
(A) One residential specialty plumber or journey level working on a residential plumbing job site may supervise no more than ((two))three trainees. Supervision must be a minimum of seventy-five percent of the time spent on each and every job site.
(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.
One appropriate domestic pump specialty plumber or one journey level plumber working on a domestic pump system may supervise no more than ((two))three trainees. Supervision must be a minimum of seventy-five percent of the time spent on each and every job site.
(c) Medical gas.
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 journey level plumber with an active medical gas piping installer endorsement issued by the department. Supervision must be one hundred percent of the time spent on each and every job site on a one-to-one ratio.
(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 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:
(i) The plumbing installation work performed for each employer the individual worked for in the plumbing trade during the previous period;
(ii) The correct plumbing category the individual worked in; and
(iii) The actual number of hours worked in each category, worked under the proper supervision of a Washington certified journey level plumber, certified domestic pump specialty plumber, or residential specialty plumber.
(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.
(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 16-08-100, filed 4/5/16, effective 5/16/16)
WAC 296-400A-121What do I need to know about trainee experience and plumber examination requirements for the journey level and specialty plumber?
(1) You may take the 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) 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.
(((2) You may take the 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.))
(3) You may take the residential service plumbing examination after completing 4,000 hours and not less than two years of documented training. The first year and 2,000 hours of supervision must be under direct supervision of a certified journey level or residential specialty plumber. The second year and 2,000 hours of trainee could be under a residential service plumber.
(4) 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)))(14)(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 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)))(14)(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 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.
(((4)))(5) 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)))(6) 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)))(7) Effective January 1, 2005, all plumber trainees will be required to meet the current hour requirements to test.
(((7)))(8)Apprentice/trade school endorsement requirements. An individual who has a current 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 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.)
(((8)))(9)Any applicant 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 must be submitted and received by the plumbing certification program office two weeks before the next scheduled date.
(((9)))(10) 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-300What 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:
(a) An individual who is plumbing without a current plumber certificate; and
(b) The employer of the individual who is plumbing without a current plumber certificate; 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; and
(d) An individual for not having their department issued certification card and governmental issued photo identification in their possession on the job site.
(3) For medical gas piping installer endorsement violations, the department may issue a notice of infraction to:
(a) An individual who is installing medical gas piping systems without a current plumber certificate and a current medical gas piping installer endorsement; 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; 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; and
(d) An individual for not having their department issued certification card and governmental issued photo identification in their possession on the job site.
(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))the director 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.
(8) The notice shall be accompanied by a certified check for two hundred dollars. The check shall be returned to the assessed party if the decision of the department is not sustained by the ALJ. If the ALJ sustains the decision of the department, the amount of the check shall be applied by the department.
AMENDATORY SECTION(Amending WSR 16-08-100, filed 4/5/16, effective 5/16/16)
WAC 296-400A-400What are the monetary penalties for violating certification requirements?
(1) A person cited for an infraction under chapter 18.106 RCW or this chapter will be assessed a monetary penalty based upon the following schedule:
(a) Individual or dispatcher
First Infraction
$((250.00))100.00
Second Infraction
$((500.00))200.00
Third Infraction
$((750.00))500.00
Fourth ((and each additional))Infraction
((Not more than)) $1,000.00
Fifth Infraction
$2,000.00
Sixth Infraction
$4,000.00
Seventh and each additional infraction
Not more than $5,000.00
(b) Contractor ((or dispatcher))
First Infraction
$((250.00))500.00
Second Infraction
$((500.00))1,000.00
Third ((and each additional))Infraction
((Not more than $1,000.00))$2,000.00
Fourth Infraction
$4,000.00
Fifth and each additional infraction
Not more than $5,000.00
(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.
(4) A warning for first-time violation of chapter 18.106 RCW and this chapter may be issued only once to an individual. Second or additional violations must be assessed a monetary penalty based on the escalating schedule; starting with the first infraction penalty amount under individual or dispatcher.