WSR 20-23-085
PERMANENT RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed November 17, 2020, 1:49 p.m., effective November 17, 2020]
Effective Date of Rule: November 17, 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 August 7, 2020, as WSR 20-17-029. The emergency rule will expire on December 6, 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 20-17-029.
Purpose: The purpose of this rule making is to adopt amendments to the electrician certification qualifications under WAC 296-46B-940, to allow for a reciprocal agreement between the state of Washington and Oregon. This rule making will:
•Remove the minimum one-year waiting period for electricians licensed in a reciprocal state to apply for a Washington state certificate;
•Allow certified electricians that previously failed the Washington state electrical examination to become eligible for a reciprocal certificate two years after failing the examination; and
•Remove the provision that a person does not qualify for a reciprocal certificate if they were a Washington state resident at the time of examination in a reciprocal state.
The department of labor and industries (L&I) accepted a petition for rule making requesting the amendments to better harmonize rules between Washington and Oregon for the purposes of establishing a reciprocal agreement. On August 7, 2020, L&I filed a CR-103E emergency rule (WSR 20-17-029) to enact the proposed amendments and expedite an agreement. A CR-101 Preproposal statement of inquiry (WSR 20-17-028) was filed simultaneously to initiate the permanent rule-making process. On August 17, 2020, L&I and the Oregon building codes division signed a reciprocal agreement. The CR-102 Proposal was filed on October 6, 2020, (WSR 20-20-120).
This rule making allows L&I to continue the agreement with Oregon under the same conditions. The adopted rule and resulting reciprocal agreement will help to alleviate the shortage of journey level electricians in the state and provide more access to qualified electricians working near the border between Washington and Oregon.
Citation of Rules Affected by this Order: Amending WAC 296-46B-940 Electrician/certificate of competency required.
Statutory Authority for Adoption: Chapter 19.28 RCW, Electricians and electrical installations, including RCW 19.28.010 and 19.28.031.
Adopted under notice filed as WSR 20-20-120 on October 6, 2020.
A final cost-benefit analysis is available by contacting Alicia Curry, Department of Labor and Industries, Field Services and Public Safety Division, P.O. Box 44400, Olympia, WA 98504-4400, phone 360-902-6244, fax 360-902-5292, email Alicia.Curry@Lni.wa.gov, website https://www.lni.wa.gov/rulemaking-activity/?query=electrical.
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 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, 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 1, Repealed 0.
Date Adopted: November 17, 2020.
Joel Sacks
Director
AMENDATORY SECTION(Amending WSR 20-11-053 and 20-14-083, filed 5/19/20 and 6/30/20, effective 10/29/20)
WAC 296-46B-940Electrician/certificate of competency required.
General.
(1) The department will deny application, renewal, reinstatement, or issuance of a certificate or permit if an individual owes money as a result of an outstanding final judgment(s) under chapter 19.28 RCW.
(2) The scope of work for electricians is described in WAC 296-46B-920.
Electrician - Certificate of competency required.
(3) To work in the electrical construction trade, an individual must possess, wear, and visibly display on the front of the upper body, a current valid:
(a) Master journey level electrician certificate of competency issued by the department;
(b) Journey level electrician certificate of competency issued by the department;
(c) Master specialty electrician certificate of competency issued by the department;
(d) Specialty electrician certificate of competency issued by the department; or
(e) Electrical training certificate, learning the trade in the proper ratio, per RCW 19.28.161, under the supervision of a certified master journey level electrician, journey level electrician, master specialty electrician working in their specialty, or specialty electrician working in their specialty.
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. 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.
The certificate may be worn inside the outer layer of clothing when working in an attic or crawl space or when operating equipment (e.g., drill motor, conduit threading machine, etc.) where wearing the certificate may pose an unsafe condition for the individual.
The certificate must be immediately available for examination at all times.
When working as a certified electrician, the electrician must not display a training certificate.
When supervising a trainee(s), the supervising electrician's certificate must be appropriate for the work being performed by the trainee(s). For the purposes of this section, supervising a trainee is considered to be working in the electrical construction trade.
Any person working as an electrician or trainee must also possess a government issued photo identification and immediately present that identification when requested by the inspector.
(4) The department issues master electrician and electrician certificates of competency in the following areas of electrical work:
(a) General journey level (01);
(b) Specialties:
(i) Residential (02);
(ii) Pump and irrigation (03);
(iii) Domestic pump (03A);
(iv) Signs (04);
(v) Limited energy system (06);
(vi) HVAC/refrigeration (06A);
(vii) HVAC/refrigeration - Restricted (06B);
(viii) Nonresidential maintenance (07);
(ix) Nonresidential lighting maintenance and lighting retrofit (07A);
(x) Residential maintenance (07B);
(xi) Restricted nonresidential maintenance (07C);
(xii) Appliance repair (07D);
(xiii) Equipment repair (07E); and
(xiv) Door, gate, and similar systems (10).
Original certificates of competency.
(5) The department will issue an original certificate of competency to master, journey level, or specialty electricians who meet the eligibility requirements listed in:
(a) RCW 19.28.191 (1)(a) or (b) and chapter 19.28 RCW; and
(i) Submit an application for an original master electrician certificate including: Date of birth, mailing address and Social Security number; and
(ii) Pay all appropriate fees, as listed in WAC 296-46B-909;
(b) RCW 19.28.191 (1)(d) and (e);
(i) Submit an original master electrician certification examination application including: Date of birth, mailing address and Social Security number; and
(ii) Pay all appropriate fees, as listed in WAC 296-46B-909; or
(c) RCW 19.28.191 (1)(f) through (g);
(i) Submit an original electrician certification examination application including: Date of birth, mailing address and Social Security number; and
(ii) Pay all appropriate fees, as listed in WAC 296-46B-909.
(6) An individual's original electrician certificate of competency will expire on their birth date at least two years, and not more than three years, from the date of original issue.
Renewal - Master electrician, journey level, and specialty electrician certificates of competency.
(7) An individual must apply for renewal of their electrician certificate of competency on or before the expiration date of the certificate. The individual may not apply for renewal more than ninety days prior to the expiration date. Renewed certificates are valid for three years.
(8) An individual may renew their certificate of competency within ninety days after the expiration date without reexamination if the individual pays the late renewal fee listed in WAC 296-46B-909.
(9) All applications for renewal received more than ninety days after the expiration date of the certificate of competency require that the electrician pass the appropriate competency examination before being recertified.
(10) All applicants for certificate of competency renewal must:
(a) Submit a complete renewal application;
(b) Pay all appropriate fees; and
(c) Complete the continuing education requirements described in WAC 296-46B-970. Continuing education classes are only valid when all the requirements of WAC 296-46B-970 are completed.
Continuing education for pump and irrigation (03) and domestic pump (03A) electricians may be comprised of fifty percent electrical and fifty percent plumbing instruction.
(11) An individual who has not completed the required hours of continuing education can renew a certificate of competency if the individual applies for renewal before the certificate of competency expires and pays the appropriate renewal fee. However, the certificate of competency will be placed in an inactive status. The inactive certificate of competency will be returned to current status upon validation, by the department, of the required continuing education. If the certificate renewal date occurs during the inactive period, the certificate must be renewed on or before the renewal date to allow the return to current status.
(12) An individual may renew a suspended 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 a suspended status for the duration of the suspension period. Before the suspended certificate of competency can be activated, the holder must pass the appropriate electrician or master electrician competency examination in accordance with RCW 19.28.211(2).
(13) An individual may not renew a revoked certificate of competency.
Exemptions - Lineworker.
(14) When performing the work described and allowed in WAC 296-46B-925 (18)(a) or (b)(i), when employed by the serving utility or its contractor or subcontractor(s), a lineworker is exempt from the requirements of chapter 19.28 RCW.
(15) When performing the work described and allowed in WAC 296-46B-925 (18)(b)(ii) or (c), when employed by the serving utility or its licensed electrical contractor or subcontractor(s), a lineworker must meet the requirements of RCW 19.28.261 (5)(b) or be an appropriately certified electrician. See the definition of a lineworker in WAC 296-46B-100.
Exemptions - Plumbers.
(16) Coincidental electrical/plumbing work. See RCW 19.28.091(8) for the plumber exemption. For the purposes of RCW 19.28.091(8), the like-in-kind replacement includes the appliance or any component part of the appliance such as, but not limited to, the thermostat in a water heater.
Exemptions – Submersible well pump installers.
(17) When performing the work described and allowed in WAC 296-46B-925(28), regular employees of well drillers or pump installers registered under chapter 18.27 RCW are exempt from the electrician certification requirements of chapter 19.28 RCW.
Reciprocal agreements between Washington and other states.
(18) The department may negotiate reciprocal agreements with states that have equivalent requirements for certification of journey level or specialty electricians. These agreements allow electricians from those reciprocal states to become certified in the state of Washington without examination and allow Washington certified electricians to become certified in the other states without taking competency examinations. An individual may only apply for reciprocity from another state(s) one time in Washington.
(19) An individual will be issued a reciprocal electrician certificate of competency if all the following conditions are met:
(a) The department has a valid reciprocal agreement with the other state in the journey level or specialty category requested;
(b) The individual makes a complete application for a reciprocal certificate on the form provided by the department. A complete application includes:
(i) Application for reciprocal certificate of competency;
(ii) Evidence that the individual meets the eligibility requirements listed in RCW 19.28.191, by presenting a current, valid journeyperson or specialty electrician certificate or certified letter from the issuing state attesting to possession of such certificate by the applicant:
(A) Evidence from an apprenticeship training director that any journey level category applicant has successfully completed an apprenticeship program that is equivalent to an apprenticeship program approved under chapter 49.04 RCW approved by the department for the electrical construction trade in which the applicant worked in the electrical construction trade for a minimum of eight thousand hours; or
(B) Evidence that any journey level category applicant has worked in the electrical construction trade for a minimum of sixteen thousand hours.
(iii) All appropriate fees as listed in WAC 296-46B-909.
(c) The individual obtained the reciprocal state's certificate of competency as a journey level or specialty electrician by examination ((and the individual held the reciprocal state's certificate for a period of at least one year)).
(20) An individual is not eligible for a reciprocal electrician certificate of competency if the individual:
(a) Has failed to renew a similar Washington electrician certificate of competency as required in RCW 19.28.211; or
(b) Has a similar Washington electrician certificate of competency in suspended, revoked, or inactive status under this chapter; or
(c) Owes money as a result of an outstanding final judgment(s) to the department; or
(d) Has ((ever)) taken and failed a Washington exam for the certificate being applied for((; or
(e) Was a resident of the state of Washington at the time the examination was taken in the other state))within the past two years.