AN ACT Relating to electrical licensing exemptions; amending RCW 19.28.200, 19.28.210, and 19.28.610; reenacting and amending RCW 19.28.010; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) Electric utilities have traditionally installed, maintained, and repaired electrical wires, equipment, and other apparatus used by their public institution, commercial, and industrial customers without licensing and inspection under chapter 19.28 RCW.

(b) Electric utilities have traditionally used contractors for major utility projects and to supplement their own work forces and such contractors have not been subject to licensing or inspection under chapter 19.28 RCW.

(d) Recent administrative actions have prevented electric utilities from carrying out traditional practices and, as a result, have prevented utilities from responding to requests from their commercial, industrial, and public institution customers for repairs.

(e) Public institution customers of electric utilities, such as schools, hospitals, municipal water suppliers, fire protection districts, sewage treatment plants, and airports depend on electric equipment to meet vital public needs. If the equipment is not repaired and maintained in a timely fashion, vital public services are interrupted and curtailed. The recent administrative actions jeopardize the public health and safety by preventing timely repair and maintenance of the equipment.

(f) The same administrative actions under (d) of this subsection prevent electric utilities from providing continuous, reliable service to their commercial and industrial customers and impose unnecessary delays and economic losses on such customers.

(2) The legislature declares it to be the policy of the state of Washington that: Electric utilities shall not be subject to licensing and inspection with respect to work on the electric wires, equipment, and other apparatus of commercial, industrial, or public institution customers of utilities; no distinction shall be drawn with respect to licensing and inspection between the electrical work performed for public institutions and that performed for commercial and industrial customers; and persons and firms whose work is subject to electric utility acceptance or approval shall be exempt from such requirements to the same extent as electric utilities.

Sec. 2. RCW 19.28.010 and 1986 c 263 s 1 and 1986 c 156 s 2 are each reenacted and amended to read as follows:

(1) All wires and equipment, and installations thereof, that convey electric current and installations of equipment to be operated by electric current, in, on, or about buildings or structures, except for telephone, telegraph, radio, and television wires and equipment, and television antenna installations, signal strength amplifiers, and coaxial installations pertaining thereto shall be in strict conformity with this chapter, the statutes of the state of Washington, and the rules issued by the department, and shall be in conformity with approved methods of construction for safety to life and property. All wires and equipment, and installations thereof, that fall within section 90.2(b)(5) of the National Electrical Code, 1981 edition, or RCW 19.28.200 are exempt from the requirements of this chapter. The regulations and articles in the National Electrical Code, as approved by the American Standards Association, and in the national electrical safety code, as approved by the American Standards Association, and other installation and safety regulations approved by the American Standards Association, as modified or supplemented by rules issued by the department in furtherance of safety to life and property under authority hereby granted, shall be prima facie evidence of the approved methods of construction. All materials, devices, appliances, and equipment used in such installations shall be of a type that conforms to applicable standards or be indicated as acceptable by the established standards of the Underwriters' Laboratories, Inc. or other electrical product testing laboratories which are accredited by the department.

(2) This chapter shall not limit the authority or power of any city or town to enact and enforce under authority given by law, any ordinance, rule, or regulation requiring an equal, higher, or better standard of construction and an equal, higher, or better standard of materials, devices, appliances, and equipment than that required by this chapter: PROVIDED, That such city or town shall require that its electrical inspectors meet the qualifications provided for state electrical inspectors in accordance with RCW 19.28.070. In a city or town having an equal, higher, or better standard the installations, materials, devices, appliances, and equipment shall be in accordance with the ordinance, rule, or regulation of the city or town. Electrical equipment associated with spas, hot tubs, swimming pools, and hydromassage bathtubs shall not be offered for sale or exchange unless the electrical equipment is certified as being in compliance with the applicable product safety standard by bearing the certification mark of an approved electrical products testing laboratory.

(3) Nothing in this chapter may be construed as permitting the connection of any conductor of any electric circuit with a pipe that is connected with or designed to be connected with a waterworks piping system, without the consent of the person or persons legally responsible for the operation and maintenance of the waterworks piping system.

Sec. 3. RCW 19.28.200 and 1980 c 30 s 15 are each amended to read as follows:

No license under the provision of this chapter shall be required from any utility or any person, firm, partnership, corporation, or other entity whose work is subject to approval or acceptance by a utility before connection to the utility's system because of work in connection with the installation ((~~and/~~)), repair, or maintenance of the following:

(a) Lines ((or)), wires, apparatus, or equipment owned by or under the control of a utility, including but not limited to those used for transmission or distribution of electricity from the source of supply to the point of contact at the premises and/or property to be supplied((~~, or for work in installing or maintaining or repairing on the premises of customers,~~)) and service connections and meters((,)) and other apparatus or appliances used in the measurement of the consumption of electricity by the customer((~~s, or for work in connection with~~));

(b) Lines, wires, apparatus, or equipment used in the lighting of streets, alleys, ways, or public areas or squares((~~, or for the work of installing, maintaining or repairing wires, apparatus or appliances used in their business, or in making or distributing electricity, upon~~

~~the property owned or operated and managed by them; or for the work of installing and repairing~~));

(i) Located outside the building or structure; and

(ii) Not covered under (d) of this subsection;

(d) Lines, wires, apparatus, or equipment owned by commercial, industrial, or public institution customer and used in making or distributing electricity on premises used by the customer;

(e) Ignition or lighting systems for motor vehicles((,)); or ((as))

(f) Wires and equipment, and installations thereof, exempted in RCW 19.28.010.

Sec. 4. RCW 19.28.210 and 1989 c 344 s 1 are each amended to read as follows:

(1) The director shall cause an inspector to inspect all wiring, appliances, devices, and equipment to which this chapter applies. Nothing contained in this chapter may be construed as providing any authority for any subdivision of government to adopt by ordinance any provisions contained or provided for in this chapter except those pertaining to cities and towns pursuant to RCW 19.28.010(2).

(2) Upon request, electrical inspections will be made by the department within forty-eight hours, excluding holidays, Saturdays, and Sundays. If, upon written request, the electrical inspector fails to make an electrical inspection within twenty-four hours, the serving utility may immediately connect electrical power to the installation if the necessary electrical work permit is displayed: PROVIDED, That if the request is for an electrical inspection that relates to a mobile home installation, the applicant shall provide proof of a current building permit issued by the local government agency authorized to issue such permits as a prerequisite for inspection approval or connection of electrical power to the mobile home.

(3) Whenever the installation of any wiring, device, appliance, or equipment is not in accordance with this chapter, or is in such a condition as to be dangerous to life or property, the person, firm, partnership, corporation, or other entity owning, using, or operating it shall be notified by the department and shall within fifteen days, or such further reasonable time as may upon request be granted, make such repairs and changes as are required to remove the danger to life or property and to make it conform to this chapter. The director, through the inspector, is hereby empowered to disconnect or order the discontinuance of electrical service to conductors or equipment that are found to be in a dangerous or unsafe condition and not in accordance with this chapter. Upon making a disconnection the inspector shall attach a notice stating that the conductors have been found dangerous to life or property and are not in accordance with this chapter. It is unlawful for any person to reconnect such defective conductors or equipment without the approval of the department, and until the conductors and equipment have been placed in a safe and secure condition, and in a condition that complies with this chapter.

(4) The director, through the electrical inspector, has the right during reasonable hours to enter into and upon any building or premises in the discharge of his or her official duties for the purpose of making any inspection or test of the installation of new construction or altered electrical wiring, electrical devices, equipment, or material contained in or on the buildings or premises. No electrical wiring or equipment subject to this chapter may be concealed until it has been approved by the inspector making the inspection.

(5) Persons, firms, partnerships, corporations, or other entities making electrical installations shall obtain inspection and approval from an authorized representative of the department as required by this chapter before requesting the electric utility to connect to the installations. Electric utilities may connect to the installations if approval is clearly indicated by certification of the electrical work permit required to be affixed to each installation or by equivalent means, except that increased or relocated services may be reconnected immediately at the discretion of the utility before approval if an electrical work permit is displayed. The permits shall be furnished upon payment of the fee to the department.

(6) The director, subject to the recommendations and approval of the board, shall set by rule a schedule of license and electrical work permit fees that will cover the costs of administration and enforcement of this chapter. The rules shall be adopted in accordance with the administrative procedure act, chapter 34.05 RCW. No fee may be charged for plug-in mobile homes, recreational vehicles, or portable appliances.

(7) Nothing in this chapter authorizes the inspection of any wiring, appliance, device, or equipment, or installations thereof, that is exempt from application of this chapter or the inspection of the work of any person, firm, partnership, corporation, or other entity that is exempt from the application of this chapter.

Sec. 5. RCW 19.28.610 and 1986 c 156 s 16 are each amended to read as follows:

Nothing in RCW 19.28.510 through 19.28.620 shall be construed to require that a person obtain a license or a certified electrician in order to do electrical work at his or her residence or farm or place of business or on other property owned by him: PROVIDED, HOWEVER, That nothing in RCW 19.28.510 through 19.28.620 shall be intended to derogate from or dispense with the requirements of any valid electrical code enacted by a city or town pursuant to RCW 19.28.010(2), except that no code shall require the holder of a certificate of competency to demonstrate any additional proof of competency or obtain any other license or pay any fee in order to engage in the electrical construction trade: AND PROVIDED FURTHER, That RCW 19.28.510 through 19.28.620 shall not apply to common carriers subject to Part I of the Interstate Commerce Act, nor to their officers and employees: AND PROVIDED FURTHER, That nothing in RCW 19.28.510 through 19.28.620 shall be deemed to apply to the installation or maintenance of telephone, telegraph, radio, or television wires and equipment; nor to any electrical utility or its employees or any person, firm, corporation, or other entity whose work is subject to approval or acceptance by the utility before connection to the utility's system, in the installation((s)), repair, and maintenance of electrical wiring, circuits, and equipment by, on behalf of, under the direction of, or for the utility, or comprising a part of its plants, lines or systems. The licensing provisions of RCW 19.28.510 through 19.28.620 shall not apply to persons making electrical installations on their own property or to regularly employed employees working on the premises of their employer or to employees of employers exempt under RCW 19.28.200 so long as those employees have registered with or graduated from a state or federally approved apprenticeship course designed for the work being performed: AND PROVIDED FURTHER, That nothing in RCW 19.28.510 through 19.28.620 shall be construed to restrict the right of any householder to assist or receive assistance from a friend, neighbor, relative or other person when none of the individuals doing the electrical installation hold themselves out as engaged in the trade or business of electrical installations. Nothing precludes any person who is exempt from the licensing requirements of this chapter under this section from obtaining a journeyman or specialty certificate of competency if they otherwise meet the requirements of this chapter.