WSR 23-09-069
EXPEDITED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed April 19, 2023, 9:36 a.m.]
Title of Rule and Other Identifying Information: Electrical rules; WAC 296-46B-945 Qualifying for master, journey level, and specialty electrician examinations.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule-making proposes amendments to the qualifications for 01 journey level electrician examinations under WAC 296-46B-945. Amendments to the rule are required to implement ESSB 5320, chapter 95, Laws of 2023.
Until June 30, 2023, individuals may qualify for examination for the 01 journey level certification examination once they have completed 8,000 hours of on-the-job experience. Four thousand of those hours must be in electrical installations in industrial or commercial facilities under supervision. Experience may be gained through an approved apprenticeship program or on the job training. After June 30, 2023, ability to qualify for examination through on the job experience is amended by this proposed rule.
In 2018, SSB 6126 (chapter 249, Laws of 2018) enacted registered apprenticeship requirements for 01 journey level certification examination candidates. To perform work limited to journey level electricians after July 1, 2023, trainees have to be registered apprentices. SSB 6126 gave the department of labor and industries (L&I) the authority, until July 1, 2025, to permit applicants that have obtained experience and training equivalent to a journey level apprenticeship program to take the examination, if the applicant had "good cause" for not completing the minimum hours of work applicable on July 1, 2023 (RCW 19.28.195). On February 14, 2023, L&I adopted rules (WSR 23-05-073) to exercise this discretion and allow temporary alternative pathways to qualify for the 01 journey level electrician examination through a "good cause" exemption beginning July 1, 2023.
This year, the legislature passed ESSB 5320, chapter 95, Laws of 2023. ESSB 5320 expands eligibility requirements for journey level electrician examination candidates that take effect July 1, 2023, and removes L&I's discretion to allow exceptions for "good cause" as it is no longer needed. This rule making is necessary to update the adopted rule to prevent WAC 296-46B-945 from conflicting with the amended law on July 1, 2023, as a result of ESSB 5320.
The proposed amendments:
Remove language that provides temporary alternative pathways to qualify for the 01 journey level electrician examination through a "good cause" exemption that becomes obsolete on July 1, 2023, due to the passage of ESSB 5320.
Provide permanent alternative pathways to qualify for the 01 journey level electrician examination. This includes:
oClarifying the work experience and education requirements to qualify for the 01 journey level electrician examination for apprentices registered in chapter 49.04 RCW programs.
oProviding state-licensed electricians that have completed an 8,000 hour electrical construction trade apprenticeship (4,000 hours must be new commercial or industrial installations in another jurisdiction equivalent to an apprenticeship program approved in Washington) to qualify for the 01 journey level examination.
oProviding out-of-state journey level electricians that have obtained a certificate through examination by a state licensing jurisdiction requiring at least 8,000 hours of supervised experience in the electrical construction trade (4,000 hours must be new commercial or industrial installations) to qualify for the 01 journey level examination. All experience applied toward qualifying for examination must be experience gained in the state that issued the certificate or military experience or both.
oProviding individuals with at least 16,000 hours of out-of-state experience in the electrical construction trade installing and maintaining electrical wiring and equipment (4,000 hours must be new commercial or industrial installations to qualify for the 01 journey level examination).
oProviding individuals with 8,000 hours of electrical experience gained in a construction battalion while serving in the armed forces of the United States to qualify for the 01 journey level electrician examination.
Provides current trainees that have 3,000 hours of electrical experience before July 1, 2023, or have completed a two-year electrical construction training program the ability to continue gaining experience until July 1, 2026, without becoming registered apprentices.
Include amendments for housekeeping to relocate language in the rule.
Reasons Supporting Proposal: L&I is implementing ESSB 5320 (chapter 95, Laws of 2023) that takes effect July 1, 2023. The bill establishes opportunities for electrical trainees, military electricians, and out-of-state electricians to qualify for the 01 journey level electrician examination without completing an apprenticeship. The rule will prevent any confusion over the differences between the current rule and the amended law.
Statutory Authority for Adoption: ESSB 5320, chapter 95, Laws of 2023, and chapter 19.28 RCW, Electricians and electrical installations, including RCW 19.28.191 and 19.28.251.
Statute Being Implemented: ESSB 5320, chapter 95, Laws of 2023, and chapter 19.28 RCW, Electricians and electrical installations, including RCW 19.28.191 and 19.28.195
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, Spokane, Washington, 360-480-5673; Implementation and Enforcement: Steve Reinmuth, Assistant Director, Tumwater, Washington, 360-902-6348.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: None.
This notice meets the following criteria to use the expedited adoption process for these rules:
Corrects typographical errors, makes address or name changes, or clarifies language of a rule without changing its effect.
Content is explicitly and specifically dictated by statute.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The expedited rule-making process is appropriate as the amendments result from 2023 legislation.
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 Meagan Edwards, Management Analyst, L&I, Field Services and Public Safety, Electrical Program, P.O. Box 44400, Olympia, WA 98504-4400, phone 360-522-0125, fax 360-902-6134, email Meagan.Edwards@Lni.wa.gov, AND RECEIVED BY June 20, 2023.
April 19, 2023
Joel Sacks
Director
OTS-4511.1
AMENDATORY SECTION(Amending WSR 23-05-073 [19-15-117], filed 2/14/23 [7/23/19], effective 7/1/23 [8/23/19])
WAC 296-46B-945Qualifying for master, journey level, specialty electrician examinations.
(1) General.
(a) All applicants must be at least 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 2,000 or more; but less than 4,000 hours of work experience is required.
(ii) Forty-eight hours where 4,000 or more; but less than 6,000 hours of work experience is required.
(iii) Seventy-two hours where 6,000 or more; but less than 8,000 hours of work experience is required.
(iv) Ninety-six hours where 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)(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) 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:
(a) Successfully completed ((an))the work experience and education requirements of an 8,000 hour electrical construction trade 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 8,000 hours)). Four thousand of the hours must be ((in))new industrial or commercial electrical installations under the supervision of a master journey level electrician or journey level electrician and not more than a total of 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., 4,000 hours) will not be credited towards qualification for a journey level electrician examination.
(b) Successfully completed an 8,000 hour electrical construction trade apprenticeship program in another jurisdiction equivalent to an apprenticeship program approved under chapter 49.04 RCW. Four thousand of the hours must be new industrial or commercial electrical installations;
(c) An out-of-state journey level electrician certificate obtained through examination by a state licensing jurisdiction requiring at least 8,000 hours of supervised experience in the electrical construction trade installing and maintaining electrical wiring and equipment for installations of a type regulated under this chapter. Four thousand of the hours must be new industrial or commercial electrical installations. All experience applied toward qualifying for examination must be experience gained in the state that issued the certificate or military experience or both. Credit allowed for military service shall not exceed that allowed in (e) of this subsection and subsection (12) of this section. Documentation of experience shall be the same as required in subsection (10) of this section;
(d) At least 16,000 hours of out-of-state experience in the electrical construction trade installing and maintaining electrical wiring and equipment for installations of a type regulated under this chapter. Four thousand of the hours must be new industrial or commercial electrical 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:
(i) An appropriately state-licensed electrical contractor;
(ii) A registered apprenticeship training director;
(iii) A nationally recognized contractor/labor organization; or
(iv) The individual's lawful employer.
(e) Eight thousand hours of experience in the electrical construction trade installing and maintaining electrical wiring and equipment for installations of a type regulated under this chapter while serving in a construction battalion in the armed forces of the United States.
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)))2026, notwithstanding RCW 19.28.161 (2)(a)(i) and 19.28.191 (1)(c)(i), the department shall permit:
(a) A person issued an electrical training certificate to work to gain the experience required to qualify for the journey level electrician certification examination without registering in an apprenticeship program approved under chapter 49.04 RCW or equivalent out-of-state apprenticeship program if before July 1, 2023, the trainee has:
(i) Three thousand hours of lawful experience worked in the electrical construction trade regulated under this chapter; or
(ii) Completed a two-year training school program pursuant to RCW 19.28.191 (1)(e).
(b) Electrical trainees described in (a) of this subsection to qualify for the journey level electrician certification examination without completing the work and education requirements of an apprenticeship approved under chapter 49.04 RCW or completing an equivalent out-of-state apprenticeship program. To be eligible to take the examination for a journey level certificate of competency, the applicant must demonstrate 8,000 hours of lawful experience working in the electrical construction trade regulated under this chapter. Four thousand of the hours must be new industrial or commercial electrical installations.
(c) Candidates shall only qualify for examination under temporary allowances in (((a)))(b) of this subsection if their applications for examination and supporting documentation are received by the department before July 1, ((2025))2026.
Qualifying for a specialty electrician certificate of competency or examination.
(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 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 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)(d)(ii).
 
(6) Electrical construction training hours gained in specialties requiring 2,000 hours or less for certification will not be credited towards qualification for journey level electrician or any of the 4,000 hour specialties, except as allowed by (7), below.
 
(7) The 2,000 minimum hours of work experience required for certification as an HVAC/refrigeration-restricted (06B) specialty electrician may be credited as 2,000 hours towards the 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)(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.
(7) After review and approval by the department, an individual may be granted work experience credit to take the specialty electrician's competency examination when an original notarized letter of work experience accompanied by verifiable documentation is provided. See subsection (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.
(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., 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.
(9) No more than 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 2,000 hours of minimum required work experience may receive no more than 1,000 hours credit from an electrical construction training program).
See RCW 19.28.191 (1)(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.
(10) After review and approval by the department, an individual may be granted on-the-job work experience towards qualifying to take the 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 (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.
(11) After review and approval by the department, an individual may be granted work experience credit to take the specialty electrician's competency examination when 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 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.
(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 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 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)))(4)(e) of this section ((effective until July 1, 2025. After that date, see allowance in))and RCW 19.28.191 (1)(e) (effective July 1, 2023).
Experience in another country.
(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 4,000 hours of the specialty credit allowed towards the qualification to take the Washington journey level electrician examination.
No more than 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 4,000 hours credit that may be allowed by this subsection, an additional 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.
(14) Out of country experience credit is not allowed toward a specialty electrician certificate.
(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.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.