Original Notice.
Preproposal statement of inquiry was filed as WSR 22-16-088.
Title of Rule and Other Identifying Information: Proposed amendments to the electrical rules, WAC 296-46B-945 Qualifying for master, journey level, specialty electrician examinations.
Hearing Location(s): On January 4, 2023, at 9:00 a.m., at Department of Labor and Industries (L&I), 7273 Linderson Way S.W., Tumwater, WA 98501, or join by Zoom meeting at https://lni-wa-gov.zoom.us/j/87951302240?pwd=MFpPVjhnWHVFS2p1YjRpdlZhZkMwQT09, Passcode Hearing!1, or join by phone 1-253-215-8782, Meeting ID 879 5130 2240, Passcode 434720791. The in-person and virtual/telephonic hearing starts at 9:00 a.m. and will continue until all oral comments are received.
Date of Intended Adoption: January 31, 2023.
Submit Written Comments to: Alicia Curry, L&I, Field Services and Public Safety, P.O. Box 44400, Olympia, WA 98504-4400, email Alicia.Curry@Lni.wa.gov, fax 360-902-5292, by 5:00 p.m. on January 4, 2023.
Assistance for Persons with Disabilities: Contact Alicia Curry, phone 360-584-4146, fax 360-902-5292, email Alicia.Curry@Lni.wa.gov, by December 16, 2022.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making proposes amendments to the qualifications for journey level electrician examinations under WAC 296-46B-945. Rules are required to implement SSB 6126 (chapter 249, Laws of 2018). SSB 6126 enacted apprenticeship requirements for journey level electrician examination candidates that take effect July 1, 2023.
Under the proposed rules, L&I is exercising the discretion provided in the law to allow temporary alternative pathways to qualify for the 01 journey level electrician examination through a "good cause" exemption.
Reasons Supporting Proposal: L&I is implementing SSB 6126 that takes effect July 1, 2023. L&I is exercising the discretion provided in the law to allow temporary alternative pathways to qualify for the journey level exam through a "good cause" exemption.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: L&I, governmental.
Name of Agency Personnel Responsible for Drafting: Wayne Molesworth, Program Manager, Tumwater, Washington, 360-480-5673; Implementation and Enforcement: Steve Reinmuth, Assistant Director, Tumwater, Washington, 360-902-6348.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is partially exempt.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The proposed rules do not change the mandatory qualification or standard for the issuance of a journey level electrician certification, and the statutory requirement for completion of an apprenticeship program remains. The proposed rules add alternative pathways available under the good cause exemption that are available to any candidate who meet the criteria. As such, the proposed rules do not impose additional costs on individuals seeking journey level examination eligibility or their employers; rather the proposed rules reduce costs by providing alternative pathways.
(1) General.
(a) All applicants must be at least ((sixteen))16 years of age.
(b) All applicants, from in or out of state, must demonstrate the completion of basic trainee classes described in WAC 296-46B-970 (4)(c)(ii)(D).
(i) Twenty-four hours where ((two thousand))2,000 or more; but less than ((four thousand))4,000 hours of work experience is required.
(ii) Forty-eight hours where ((four thousand))4,000 or more; but less than ((six thousand))6,000 hours of work experience is required.
(iii) Seventy-two hours where ((six thousand))6,000 or more; but less than ((eight thousand))8,000 hours of work experience is required.
(iv) Ninety-six hours where ((eight thousand))8,000 or more of work experience is required.
Qualifying for the master electrician examination.
(2) An individual may take the master electrician's certificate of competency examination if the individual meets the requirements described in RCW
19.28.191 (1)((
(d) or (e)))
(a) or (b).
Qualifying for the master electrician examination from out-of-state.
(3) No credit may be applied from out-of-state toward qualifying for a master electrician certificate of competency examination.
Qualifying for the journey level electrician competency examination.
(4) ((Until July 1, 2023, an individual may take the journey level electrician's certificate of competency examination if the individual held a current electrical training certificate and has worked for an employer who employs at least one certified master electrician, journey level, or specialty electrician on staff and the individual:
(a) Has been employed, in the electrical construction trade, under the direct supervision of a master electrician, journey level electrician or specialty electrician working in the appropriate specialty in the proper ratio, per RCW 19.28.161, for four years (eight thousand hours). Of the eight thousand hours: (i) At least two years (four thousand hours) must be in new industrial and/or new commercial electrical installation (excluding all work described for specialty electricians or technicians) under the direct supervision of a master journey level electrician or journey level electrician while working for a general electrical contractor; and
(ii) Not more than a total of two years (four thousand hours) may be for work described as an electrical specialty in WAC 296-46B-920(2).
(b) Has completed a four-year apprenticeship program in the electrical construction trade that is registered with the state apprenticeship council while working under the direct supervision of a master journey level or journey level electrician in the proper ratio, per RCW 19.28.161; or (c) Has completed a two-year electrical construction training program as described in RCW 19.28.191 for journey level electricians, and two years (four thousand hours) of work experience in new industrial and/or new commercial electrical installations (excluding work described for specialty electricians or electrical technicians) under the direct supervision of a journey level electrician while working for a general electrical contractor in the proper ratio, per RCW 19.28.161. See WAC 296-46B-971 for additional training school information. Beginning July 1, 2023))
Except as provided under subsection (5) of this section, to qualify to take the journey level electrician's certificate of competency examination, an individual must have successfully completed an apprenticeship program approved under chapter
49.04 RCW or equivalent apprenticeship program 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))
8,000 hours. Four thousand of the hours must be in industrial or commercial electrical installation under the supervision of a master journey level electrician or journey level electrician and not more than a total of ((
four thousand))
4,000 hours in all specialties under the supervision of a master journey level electrician, journey level electrician, master specialty electrician working in that electrician's specialty, or specialty electrician working in that electrician's specialty.
Electrical construction training hours gained in specialties requiring less than two years (i.e., ((four thousand))4,000 hours) will not be credited towards qualification for a journey level electrician examination.
The trainee and their employer and/or apprenticeship training director must attest to the accuracy of all information contained on affidavits of experience and apprenticeship graduation certificates used to verify eligibility for the examination.
(5)(a) Until July 1, 2025, under temporary authority provided by RCW 19.28.195 and due to the universal effects of the COVID-19 pandemic, candidates are eligible to qualify for a journey level certification examination after department review and approval without completing an apprenticeship required under subsection (4) of this section if they have: (i) Successfully completed the work experience and education requirements of an 8,000 hour electrical construction trade apprenticeship program approved under chapter 49.04 RCW. Four thousand of the hours shall be new industrial or commercial installations. (ii) A journey level electrician certificate obtained through examination by another state licensing jurisdiction in the United States that requires at least 8,000 hours of supervised experience in the electrical construction trade installing and maintaining electrical wiring and equipment of a type regulated by chapter 19.28 RCW. Four thousand of the hours shall be new industrial or commercial installations. All experience applied toward qualifying for examination must be experience gained in the state that issued the certificate or military service or both. Credit allowed for military service shall not exceed that allowed in (a)(iii) of this subsection and subsection (12) of this section. Documentation of experience shall be the same as required in subsection (10) of this section; (iii) Eight thousand hours of experience in the electrical construction trade installing and maintaining electrical wiring and equipment of a type regulated by chapter 19.28 RCW while serving in a construction battalion in the armed forces of the United States. (iv) Sixteen thousand hours of out-of-state experience in the electrical construction trade installing and maintaining electrical wiring and equipment of a type regulated by chapter 19.28 RCW. Four thousand of the hours shall be new industrial or commercial installations. Work experience documentation submitted to prove the candidate has worked the hours claimed must be an original notarized letter of work experience accompanied by documentation, see subsection (8) of this section, that can be used to verify the individual has worked the hours being requested. Documentation must be provided by: (A) An appropriately state-licensed electrical contractor;
(B) Registered apprenticeship training director;
(C) Nationally recognized contractor/labor organization; or
(D) The individual's lawful employer.
(v) Before July 1, 2025, acquired 8,000 hours of experience as follows:
(A) Before July 1, 2023, they lawfully worked in the electrical construction trade for at least 4,000 hours while performing new industrial or commercial installation work not included for specialties in WAC 296-46B-920(2). Proof of hours worked in Washington must be received in accordance with WAC 296-46B-942 (8)(d); and
(B) Before July 1, 2025, they lawfully gained the balance of 8,000 hours of experience referenced under (a)(v) of this subsection through one or more of following:
(I) Experience performing work described in the following specialties defined in WAC 296-46B-920(2): residential (02); pump and irrigation (03); signs (04); limited energy system (06); HVAC/refrigeration (06A); or nonresidential maintenance (07). Proof of hours worked in Washington must be received in accordance with WAC 296-46B-942 (8)(d).
(II) Experience hours gained through completion of a two-year electrical training program approved under WAC 296-46B-971. Military experience as allowed in subsection (12) of this section shall be allowed for journey level examination candidates.
(III) Experience in another country as allowed in subsection (13) of this section.
(b) Candidates shall only qualify for examination under temporary allowances in (a) of this subsection if their applications for examination and supporting documentation are received by the department before July 1, 2025.
Qualifying for a specialty electrician certificate of competency or examination.
(((5)))(6) After review and approval by the department, an individual may qualify for a specialty electrician's examination and certificate of competency if the individual held a current electrical training certificate, and has worked for an employer who employs at least one certified master journey level electrician, journey level electrician, appropriate master specialty electrician, or appropriate specialty electrician on staff and the individual:
(a) Has been employed, in the electrical construction trade, under the direct supervision of an appropriate electrician in the appropriate specialty as follows:
Table 945-1 Experience Hours
Specialty | Minimum Hours of Work Experience Required to be Eligible for Examination(4)(5) | Minimum Hours of Work Experience Required for Certification |
Residential certificate (02) | 4,000(3) | 4,000 |
Pump and irrigation certificate (03) | 4,000(3) | 4,000 |
Domestic pump certificate (03A) | 720(1)(2) | 2,000(6) |
Signs certificate (04) | 4,000(3) | 4,000 |
Limited energy system certificate (06) | 4,000(3) | 4,000 |
HVAC/refrigeration system certificate (06A) | 4,000(3) | 4,000(7) |
HVAC/refrigeration – Restricted (06B) | 1,000(1)(2) | 2,000(6) |
Nonresidential maintenance certificate (07) | 4,000(3) | 4,000 |
Nonresidential lighting maintenance and lighting retrofit certificate (07A) | 720(1)(2) | 2,000(6) |
Residential maintenance certificate (07B) | 720(1)(2) | 2,000(6) |
Restricted nonresidential maintenance certificate (07C) | 1,000(1)(2) | 2,000(6) |
Appliance repair certificate (07D) | 720(1)(2) | 2,000(6) |
Equipment repair certificate (07E) | 1,000(1)(2) | 2,000(6) |
Door, gate, and similar systems certificate (10) | 720(1)(2) | 2,000(6) |
Notes: | (1) Until the examination is successfully completed, the trainee must work under ((one hundred))100 percent supervision. Once the appropriate examination is successfully completed, the modified supervision trainee may work under zero percent supervision. |
| (2) The trainee may have only one zero percent supervision certificate in a specialty (valid for no more than two years). If the trainee has not gained the required work experience by the time the zero percent supervision certificate has expired, the trainee must get a ((seventy-five))75 percent supervision certificate and work under supervision until all required work experience hours are gained and credited towards the minimum work experience requirement. |
| (3) This specialty is not eligible for unsupervised trainee status as allowed in chapter 19.28 RCW. |
| (4) The trainee and their employer and/or apprenticeship training director must attest to the accuracy of all information contained on affidavits of experience used to verify eligibility for the examination. |
| (5) Neither previous work experience credit nor training school credit is allowed as a substitute for the initial hours of minimum work experience required to be eligible for examination unless the trainee's work experience hours under direct supervision are provided as required in RCW 19.28.191 (1)(( (g))) (d)(ii). |
| (6) Electrical construction training hours gained in specialties requiring ((two thousand))2,000 hours or less for certification will not be credited towards qualification for journey level electrician or any of the ((four thousand))4,000 hour specialties, except as allowed by (7), below. |
| (7) The ((two thousand))2,000 minimum hours of work experience required for certification as an HVAC/refrigeration-restricted (06B) specialty electrician may be credited as ((two thousand))2,000 hours towards the ((four thousand))4,000 minimum hours of work experience required for certification as an HVAC/refrigeration (06A) specialty electrician. Hours of work experience credited from the HVAC/refrigeration-restricted (06B) specialty cannot be credited towards qualification for taking the general electrician (01) examination or minimum work experience requirements. |
| (8) Experience hours may be coincidentally credited towards qualifying for electrician and plumber certifications. See RCW 19.28.191 (1)(( (g))) (d)(iv). |
(b) Or has completed an appropriate two-year apprenticeship program in the electrical construction trade that is registered with the state apprenticeship council while working under the direct supervision of an electrician in the appropriate specialty in the proper ratio, per RCW
19.28.161.
Qualifying for a certificate of competency when the Washington electrical work experience is exempt from certification requirements in RCW
19.28.261.
(((6)))(7) After review and approval by the department, an individual may be granted work experience credit to take the ((journey level/specialty))specialty electrician's competency examination when an original notarized letter of work experience accompanied by verifiable documentation is provided. ((- ))See subsection (((7)))(8) of this section. For journey level competency examination candidates, see subsection (4) of this section for requirements.
For the purposes of this section, exempt work does not include work performed on property owned, in whole or part, by the individual seeking credit.
All exempt individuals must have a valid electrical training certificate when working to gain electrical work experience.
Work experience requested by an individual for telecommunications work must be gained while working for
(01) general electrical,
(02) residential, or
(06) limited energy system electrical contractors as allowed by those scopes of work. When the work was performed, the individual must have a valid training certificate, be under the supervision of an appropriately certified journey level, residential or limited energy electrician, and be in compliance with RCW
19.28.191.
General - Qualifying hours gained by applicants seeking work experience credit without a Washington electrician training certificate.
(((7)))(8) The type of on-the-job work experience must be similar to the credit being applied for and lawfully gained in the state or other entity where the work was performed. The individual must submit verifiable documentation (e.g., payroll, time sheets, permits, supervision, etc.) that the department may use to ascertain the type of work performed and the number of hours worked for each type (i.e., specialty) of work.
Training hours credited for specialties requiring less than two years (i.e., ((four thousand))4,000 hours) may not be credited towards qualification for general journey level electrician.
The documentation must include a complete description of the individual's usual duties with percentages attributed to each type (e.g., wiring, material handling, shop, low voltage, etc.)
The department may reduce the number of hours allowed if the:
(a) Individual did not have supervision during the training period when supervision was required by the jurisdiction where the training occurred;
(b) Training hours are not related to electrical construction;
(c) Training hours are not related to the specialty being applied for;
(d) Documentation submitted by the individual does not fully verify the requested work experience; or
(e) Work credit was not lawfully gained.
Training school credit.
(((8)))(9) No more than ((fifty))50 percent of the minimum work experience needed to qualify for specialty electrician certification is allowed for any training school program (e.g., a specialty requiring ((two thousand))2,000 hours of minimum required work experience may receive no more than ((one thousand))1,000 hours credit from an electrical construction training program).
See RCW
19.28.191 (1)((
(h)))
(e) for training school credit allowed for journey level applicants.
See WAC 296-46B-971 for additional information on training schools.
Qualifying for the journey level/specialty electrician competency examination when work was performed in a state requiring electrician certification for the work performed.
(((9)))(10) After review and approval by the department, an individual may be granted on-the-job work experience towards qualifying to take the ((journey level/specialty))specialty electrician's competency examination for hours worked in the other state when the state certifies to the department:
(a) The type and number of hours of work performed within the state. Credit will not be allowed for work not done within the certifying state.
(b) That the work was legally performed under the other state's licensing and certification requirements; and
(c) The other state's certificate of competency was obtained by examination.
If the experience is for other than a new commercial or industrial installation, the individual must identify the specialty credit desired and provide verifiable documentation identifying the other state's allowed scope of work for the specialty, see subsection (((7)))(8) of this section.
For journey level competency examination candidates, see subsection (4) of this section for requirements.
Qualifying for the journey level/specialty electrician competency examination when work was performed in a state that does not require electrician certification for the work performed.
(((10)))(11) After review and approval by the department, an individual may be granted work experience credit to take the ((journey level/specialty))specialty electrician's competency examination when an original notarized letter of work experience accompanied by documentation, see subsection (((7)))(8) of this section, that can be used to verify the individual has worked the hours being requested is provided by:
(a) An appropriately state licensed electrical contractor;
(b) Registered apprenticeship training director;
(c) Nationally recognized contractor/labor organization; or
(d) The individual's lawful employer.
For journey level competency examination candidates, see subsection (4) of this section for requirements.
Military experience.
(((11)))(12) After review and approval by the department, an individual who has worked in the electrical construction trade performing work described in WAC 296-46B-920 while serving in the armed forces of the United States may be eligible to take the examination for the certificate of competency as a ((journey level or)) specialty electrician. Credit may be allowed for hours worked or training received.
If an individual has military experience in a specialized electrical field (e.g., rating) that is similar to a specialty electrician category listed in WAC 296-46B-920, credit may be allowed toward the appropriate specialty certificate. Nuclear, marine, shipyard, shipboard, radar, weapons, aeronautical experience, or similar experience may be acceptable for no more than ((fifty))50 percent of the minimum required work experience for qualifying for electrician examination.
The department will evaluate and determine whether the submitted experience is related specifically to the electrical construction/maintenance trade regulated by chapter
19.28 RCW.
For allowances for crediting military experience toward qualifying for a journey level competency examination, see temporary allowance in subsection (5)(a)(iii) of this section effective until July 1, 2025. After that date, see allowance in RCW 19.28.191 (1)(e) (effective July 1, 2023). Experience in another country.
(((12)))(13) After review and approval by the department, and if an individual has a journey level electrician certificate from a country outside the United States that requires that at least four years of electrical construction training and certification is obtained by examination, the individual may be eligible for ((four thousand))4,000 hours of the specialty credit allowed towards the qualification to take the Washington journey level electrician examination.
No more than ((
two years))
4,000 hours of the required training to become a Washington journey level electrician may be for work described for specialty electricians or technicians in WAC 296-46B-920. In addition to the maximum of ((
four thousand))
4,000 hours credit that may be allowed by this subsection, an additional ((
four thousand))
4,000 hours of new commercial/industrial experience must be obtained using a training certificate in the state while
registered in a journey level electrician apprenticeship program required by RCW 19.28.161 (2)(a)(i) (effective July 1, 2023) under the supervision of a master journey level electrician or journey level electrician.
Documentation substantiating the individual's out of country experience must be submitted in English.
(((13)))(14) Out of country experience credit is not allowed toward a specialty electrician certificate.
(((14)))(15) Canadian journeyperson construction electricians with at least four years of electrical construction training who have obtained a construction electrician Red Seal endorsement by successfully completing a Red Seal examination are eligible to take the examination for the journey level electrician certificate of competency if they have possessed a Red Seal endorsement for one year.