LABOR AND INDUSTRIES

[Filed June 23, 2020, 11:13 a.m., effective June 27, 2020]

Effective Date of Rule: June 27, 2020.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This rule permanently adopts requirements currently covered under the emergency rule filed on February 28, 2020, as WSR 20-06-043. The emergency rule will expire on June 27, 2020. The earlier adoption date is needed for the permanent rule to ensure there is not a gap in coverage of the regulations and for preservation of public health, safety, and welfare as described in WSR 20-06-043.

Purpose: This rule making amended chapter 296-127 WAC, Prevailing wage, to provide a new scope of work specific to landscape maintenance that is separate and unique from landscape construction. The landscape maintenance worker scope of work description involves the tending to and maintenance of an area of land that has been previously landscaped, when the work is not preparatory to construction. A description of specific activities that may be within the scope and activities that are not included in the scope are listed in the rule.

An initial emergency rule (WSR 19-07-014) and CR-101 Preproposal statement of inquiry (WSR 19-07-015) were filed on March 8, 2019. Subsequent emergency rule making was filed on July 5 (WSR 19-15-004) and November 1, 2019 (WSR 19-22-041). The CR-102 Proposal was filed on January 2, 2020 (WSR 20-02-113), and additional emergency rule making was filed on February 28, 2020 (WSR 20-06-043).

Citation of Rules Affected by this Order: New WAC 296-127-01345 Landscape maintenance workers.

Statutory Authority for Adoption: Chapter 39.12 RCW.

Adopted under notice filed as WSR 20-02-113 on January 2, 2020.

Changes Other than Editing from Proposed to Adopted Version: WAC 296-127-01345 Landscape maintenance workers:

The changes aid comprehension but do not alter the substance of the proposed rule.


•	Substitute the word "using" for the word "in" in subsection (1)(d) to instead read "using trucks with only one rear axle."
•	Reorder the exclusions in subsection (2) to group similar types of work together.
•	For clarity, word the exclusion for backflow protection devices to read: "Inspection, service, maintenance or repair of backflow protection devices connected to a potable water system."
•	Delete the word "existing" from the subsection (2) irrigation system exclusion.

A final cost-benefit analysis is available by contacting Beverly Clark, Department of Labor and Industries, Prevailing Wage Section, P.O. Box 44540, Olympia, WA 98504-4540, phone 360-902-6272, fax 360-902-5292, email Beverly.Clark@Lni.wa.gov, website https://www.lni.wa.gov/rulemaking-activity/?query=landscape+Maintenance.

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 1, 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 0, Amended 0, Repealed 0.

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

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 23, 2020.

WAC 296-127-01345Landscape maintenance workers.

For the purpose of the Washington state public works law, chapter 39.12 RCW, landscape maintenance involves the tending to and maintenance of an area of land that has been previously landscaped, when the work is not preparatory to construction.

(1) Landscape maintenance includes:

(a) Mowing, weeding, and otherwise performing tasks associated with the maintenance of lawns, yards, gardens, athletic fields, golf courses, parks, trails, or other previously landscaped surfaces.

(b) Pruning, trimming, mulching, and composting.

(d) Incidental hauling or placement of top soil, plants, or other landscaping materials using trucks with only one rear axle.

(e) Reseeding, resodding, replanting, top dressing, aerification, and applying chemicals, fertilizers, and soil amendments.

(f) Use of power tools with a maximum of twenty horsepower such as line trimmers, edgers, mowers, and leaf blowers.

(g) Rehydroseeding using equipment with a maximum capacity of one hundred gallons.

(h) Use of riding mowers which do not exceed fifty horsepower.

(i) Minor, nonconstruction related repair and maintenance of existing irrigation systems.

(j) Debris removal, and clearing of storm drains, catch ponds, and drain grates.

(2) Landscape maintenance does not include:

(a) Any landscape or nonlandscape construction activity or work, other than incidental maintenance and repairs mentioned above.

(b) Any work that is:

(i) On land that has not been previously landscaped;

(ii) Preparatory to construction, alteration, repair, improvement, or demolition;

(iii) Included or required in the process of construction or as a part of a construction project;

(iv) Required for the restoration of a surface area after construction;

(v) Power line clearance tree trimming or clearing;

(vi) Clearing of trees;

(vii) Tree falling or bucking;

(viii) Inspection, service, maintenance or repair of backflow protection devices connected to a potable water system;

(ix) Construction or repair of irrigation systems other than the minor incidental work identified in subsection (1)(i) of this section;

(x) The use of power tools over twenty horsepower;

(xi) The use of any other riding equipment regardless of horsepower, other than riding mowers which do not exceed fifty horsepower;

(xii) Rehydroseeding using equipment that exceeds a one hundred gallon capacity.