AN ACT Relating to
electrical administration procedures; amending RCW 19.28.125, 19.28.210,
19.28.310, 19.28.510, and 19.28.550; and adding new sections to chapter 19.28
RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 19.28 RCW to read as follows:
The department may deny
renewal of a certificate or license issued under this chapter, if the applicant
for renewal owes outstanding penalties for a final judgment under this
chapter. The department shall notify the applicant of the denial by registered
mail, return receipt requested, to the address on the application. The
applicant may appeal the denial within twenty days by filing a notice of appeal
with the department accompanied by a certified check for two hundred dollars
which shall be returned to the applicant if the decision of the department is
not upheld by the board. The office of administrative hearings shall conduct
the hearing under chapter 34.05 RCW. The electrical board shall review the
proposed decision at the next regularly scheduled board meeting. If the board
sustains the decision of the department, the two hundred dollars must be
applied to the cost of the hearing.
NEW SECTION. Sec.
2. A new section is added
to chapter 19.28 RCW to read as follows:
The department may
audit the records of an electrical contractor that has verified the hours of
experience submitted by an electrical trainee to the department under RCW
19.28.510(2) in the following circumstances: Excessive hours were reported;
hours reported outside the normal course of the contractor's business; the type
of hours reported do not reasonably match the type of permits purchased; or for
other similar circumstances in which the department demonstrates a likelihood
of excessive hours being reported. The department shall limit the audit to
records necessary to verify hours. The department shall adopt rules
implementing audit procedures. Information obtained from an electrical contractor
under the provisions of this section is confidential and is not open to public
inspection under chapter 42.17 RCW.
Sec. 3. RCW 19.28.125 and 1988 c
81 s 6 are each amended to read as follows:
(1) Each applicant for
an electrical contractor's license, other than an individual, shall designate a
supervisory employee or member of the firm to take the required administrator's
examination. Effective July 1, 1987, a supervisory employee designated as the
administrator shall be a full-time supervisory employee. This person shall be
designated as administrator under the license. No person may qualify as
administrator for more than one contractor. If the relationship of the
administrator with the electrical contractor is terminated, the contractor's
license is void within ninety days unless another administrator is qualified by
the board. However, if the administrator dies, the contractor's license is
void within one hundred eighty days unless another administrator is qualified
by the board. A certificate issued under this section is valid for two years
from the nearest birthdate of the administrator, unless revoked or suspended,
and further is nontransferable. The department may deny an application for
an administrator's certificate for up to two years if the applicant's previous
administrator's certificate has been revoked for a serious violation and all
appeals concerning the revocation have been exhausted. For the purposes of
this section only, a serious violation is a violation that presents imminent
danger to the public. The certificate may be renewed for a two-year period
without examination by appropriate application unless the certificate has been
revoked, suspended, or not renewed within ninety days after the expiration
date. If the certificate is not renewed before the expiration date, the
individual shall pay twice the usual fee. An individual holding more than one
administrator's certificate under this chapter shall not be required to pay
annual fees for more than one certificate. A person may take the
administrator's test as many times as necessary without limit.
(2) The administrator
shall:
(a) Be a member of the
firm or a supervisory employee and shall be available during working hours to
carry out the duties of an administrator under this section;
(b) Ensure that all
electrical work complies with the electrical installation laws and rules of the
state;
(c) Ensure that the
proper electrical safety procedures are used;
(d) Ensure that all
electrical labels, permits, and licenses required to perform electrical work
are used;
(e) See that corrective
notices issued by an inspecting authority are complied with; and
(f) Notify the
department in writing within ten days if the administrator terminates the relationship
with the electrical contractor.
(3) The department
shall not by rule change the administrator's duties under subsection (2) of
this section.
Sec. 4. RCW 19.28.210 and 1992 c
240 s 2 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))) (3).
(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. At the
time of the inspection, electrical wiring or equipment subject to this chapter
must be sufficiently accessible to permit the inspector to employ any testing
methods that will verify conformance with the national electrical code and any
other requirements of this chapter.
(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 shall authorize the inspection of any wiring, appliance, device, or
equipment, or installations thereof, by any utility or by any person, firm,
partnership, corporation, or other entity employed by a utility in connection
with the installation, repair, or maintenance of lines, wires, apparatus, or
equipment owned by or under the control of the utility. All work covered by
the national electric code not exempted by the 1981 edition of the national
electric code 90-2(B)(5) shall be inspected by the department.
Sec. 5. RCW 19.28.310 and 1988 c
81 s 10 are each amended to read as follows:
The department has the
power, in case of ((continued)) serious noncompliance with the
provisions of this chapter, to revoke or suspend for such a period as it
determines, any electrical contractor license or electrical contractor
administrator certificate issued under this chapter. The department shall
notify the holder of the license or certificate of the revocation or suspension
by certified mail. A revocation or suspension is effective ((fifteen)) twenty
days after the holder receives the notice. Any revocation or suspension is
subject to review by an appeal to the board. The filing of an appeal stays the
effect of a revocation or suspension until the board makes its decision. The
appeal shall be filed within ((fifteen)) twenty days after notice
of the revocation or suspension is given by certified mail sent to the address
of the holder of the license or certificate as shown on the application for the
license or certificate, and shall be effected by filing a written notice of
appeal with the department, accompanied by a certified check for two hundred
dollars, which shall be returned to the holder of the license or certificate if
the decision of the department is not sustained by the board. The hearing
shall be conducted in accordance with chapter 34.05 RCW. If the board sustains
the decision of the department, the two hundred dollars shall be applied by the
department to the payment of the per diem and expenses of the members of the
board incurred in the matter, and any balance remaining after payment of per
diem and expenses shall be paid into the electrical license fund.
Sec. 6. RCW 19.28.510 and 1983 c
206 s 13 are each amended to read as follows:
(1) No person may
engage in the electrical construction trade without having a current journeyman
electrician certificate of competency or a current specialty electrician
certificate of competency issued by the department in accordance with this
chapter. Electrician certificate of competency specialties include, but are
not limited to: Residential, domestic appliances, pump and irrigation, limited
energy system, signs, and nonresidential maintenance.
(2) A person who is
indentured in an apprenticeship program approved under chapter 49.04 RCW for
the electrical construction trade or who is learning the electrical
construction trade may work in the electrical construction trade if supervised
by a certified journeyman electrician or a certified specialty electrician in
that electrician's specialty. All apprentices and individuals learning the
electrical construction trade shall obtain an electrical training certificate
from the department. The certificate shall authorize the holder to learn the
electrical construction trade while under the direct supervision of a
journeyman electrician or a specialty electrician working in his or her
specialty. The holder of the electrical training certificate shall renew the
certificate annually. At the time of renewal, the holder shall provide the
department with an accurate list of the holder's employers in the electrical
construction industry for the previous year and the number of hours worked for
each employer. An annual fee shall be charged for the issuance or renewal of
the certificate. The department shall set the fee by rule. The fee shall
cover but not exceed the cost of administering and enforcing the trainee
certification and supervision requirements of this chapter. Apprentices and
individuals learning the electrical construction trade shall have their
electrical training certificates in their possession at all times that they are
performing electrical work. They shall show their certificates to an
authorized representative of the department at the representative's request.
(3) Any person who has
been issued an electrical training certificate under this chapter may work if
that person is under supervision. Supervision shall consist of a person being
on the same job site and under the control of either a journeyman electrician
or an appropriate specialty electrician who has an applicable certificate of
competency issued under this chapter. Either a journeyman electrician or an
appropriate specialty electrician shall be on the same job site as the
noncertified individual for a minimum of seventy-five percent of each working
day unless otherwise provided in this chapter. The ratio of noncertified
individuals to certified journeymen or specialty electricians working on a job
site shall be:
(a) From September 1,
1979, through December 31, 1982, not more than three noncertified electricians
working on any one job site for every certified journeyman or specialty
electrician;
(b) Effective January
1, 1983, not more than two noncertified individuals working on any one job site
for every specialty electrician or journeyman electrician working as a
specialty electrician;
(c) Effective January
1, 1983, not more than one noncertified individual working on any one job site
for every certified journeyman electrician.
The ratio requirements
do not apply to a trade school program in the electrical construction trade
established during 1946.
An individual who has a
current training certificate and who has successfully completed or is currently
enrolled in an approved apprenticeship program or in a technical school program
in the electrical construction trade in a school approved by the commission for
vocational education, may work without direct on-site supervision during the
last six months of meeting the practical experience requirements of this
chapter.
(4) The electrical
contractor shall accurately verify and attest to the electrical trainee hours
worked by electrical trainees on behalf of the electrical contractor.
Sec. 7. RCW 19.28.550 and 1993 c
192 s 1 are each amended to read as follows:
(1) The department
shall issue a certificate of competency to all applicants who have passed the
examination provided in RCW 19.28.540, and who have complied with RCW 19.28.510
through 19.28.620 and the rules adopted under this chapter. The certificate
shall bear the date of issuance, and shall expire on ((October 31st or April
30th, not less than six months nor more than three years immediately following
the date of issuance)) the holder's birthday. The certificate shall
be renewed every three years, upon application, on or before the holder's
birthdate. A fee shall be assessed for each certificate and for each annual
renewal.
(2) If the certificate
holder demonstrates to the department that he or she has satisfactorily
completed an annual eight-hour continuing education course, the certificate may
be renewed without examination by appropriate application unless the
certificate has been revoked, suspended, or not renewed within ninety days
after the expiration date.
(a) The contents and
requirements for satisfactory completion of the continuing education course
shall be determined by the director and approved by the board.
(b) The department
shall accept proof of a certificate holder's satisfactory completion of a
continuing education course offered in another state as meeting the
requirements for maintaining a current Washington state certificate of
competency if the department is satisfied the course is comparable in nature to
that required in Washington state for maintaining a current certificate of
competency.
(3) If the certificate
is not renewed before the expiration date, the individual shall pay twice the usual
fee. The department shall set the fees by rule for issuance and renewal of a
certificate of competency. The fees shall cover but not exceed the costs of
issuing the certificates and of administering and enforcing the electrician
certification requirements of this chapter.
(4) The certificates of
competency and temporary permits provided for in this chapter grant the holder
the right to work in the electrical construction trade as a journeyman
electrician or specialty electrician in accordance with their provisions
throughout the state and within any of its political subdivisions without
additional proof of competency or any other license, permit, or fee to engage
in such work.
