BP BHEAD INT S [atlas:bill]

AN ACT Relating to regulation of plumbers; amending RCW 18.106.010, 18.106.020, 18.106.030, 18.106.050, 18.106.070, 18.106.090, 18.106.155, 18.106.170, 18.106.180, and 18.106.250; adding a new section to chapter 18.106 RCW; and providing an effective date.

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

Sec. 1. RCW 18.106.010 and 1997 c 326 s 2 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meaning:

(1) "Advisory board" means the state advisory board of plumbers;

(2) "Department" means the department of labor and industries;

(3) "Director" means the director of department of labor and industries;

(4) "Fuel gas" means natural, manufactured, liquefied petroleum, or a mixture of these gases;

(5) "Fuel gas piping" means any pipe, valves, or fittings used to transport fuel gas;

(6) "Fuel gas piping installer" means any person who has been issued a certificate of competency as a fuel gas piping installer;

(7) "Journeyman pipefitter" means any person who has been issued a certificate of competency as a journeyman pipefitter;

(8) "Journeyman plumber" means any person who has been issued a certificate of competency by the department of labor and industries as provided in this chapter;

((~~(5)~~)) (9) "Medical gas piping" means oxygen, nitrous oxide, high pressure nitrogen, medical compressed air, and medical vacuum systems;

((~~(6)~~)) (10) "Medical gas piping installer" means a journeyman plumber who has been issued a medical gas piping installer endorsement;

((~~(7)~~)) (11) "Pipefitting" means the craft involved in installing, altering, repairing, and renovating all hydronic heating, steam, and condensate piping systems, and includes fuel gas piping systems;

(12) "Plumbing" means that craft involved in installing, altering, repairing and renovating potable water systems, liquid waste systems, and medical gas piping systems within a building. Installation in a water system of water softening or water treatment equipment is not within the meaning of plumbing as used in this chapter;

((~~(8)~~)) (13) "Specialty plumber" means anyone who has been issued a specialty certificate of competency limited to installation, maintenance, and repair of the plumbing or pipefitting of single-family dwellings, duplexes, and apartment buildings that do not exceed three stories.

Sec. 2. RCW 18.106.020 and 1997 c 326 s 3 are each amended to read as follows:

(1) No person may engage in or offer to engage in the trade of plumbing without having a journeyman certificate, specialty certificate, temporary permit, or trainee certificate. A trainee must be supervised by a person who has a journeyman certificate, specialty certificate, or temporary permit, as specified in RCW 18.106.070. No contractor may employ a person to engage in or offer to engage in the trade of plumbing unless the person employed has a journeyman certificate, specialty certificate, temporary permit, or trainee certificate. For the purposes of this section, "contractor" means any person or body of persons, corporate or otherwise, engaged in any work covered by the provisions of this chapter, chapter 18.27 RCW, or chapter 19.28 RCW, by way of trade or business. However, in no case shall this section apply to a contractor who is contracting for work on his or her own residence.

(2) No person may engage in or offer to engage in medical gas piping installation without having a certificate of competency as a journeyman plumber and a medical gas piping installer endorsement. A trainee may engage in medical gas piping installation if he or she has a training certificate and is supervised by a person with a medical gas piping installer endorsement. No contractor may employ a person to engage in or offer to engage in medical gas piping installation unless the person employed has a certificate of competency as a journeyman plumber and a medical gas piping installer endorsement.

(3) No person may engage in or offer to engage in the trade of pipefitting without having a certificate of competency as a journeyman pipefitter. A trainee may engage in pipefitting if he or she is supervised as specified in RCW 18.106.070. No contractor may employ a person to engage in or offer to engage in the trade of pipefitting unless the person employed has a certificate of competency as a journeyman pipefitter.

(4) No person may engage in or offer to engage in fuel gas piping installation without having a certificate of competency as a journeyman plumber, journeyman pipefitter, or fuel gas piping installer. A trainee may engage in fuel gas piping installation if he or she is supervised as specified in RCW 18.106.070. No contractor may employ a person to engage in or offer to engage in fuel gas piping installation unless the person employed has a certificate of competency as a journeyman plumber, journeyman pipefitter, or fuel gas piping installer.

(5) Violation of subsection (1) ((or)), (2), (3), or (4) of this section is an infraction. Each day in which a person engages in the trade of plumbing or pipefitting, or both, in violation of subsection (1) ((or)), (2), (3), or (4) of this section or employs a person in violation of subsection (1) ((or)), (2), (3), or (4) of this section is a separate infraction. Each worksite at which a person engages in the trade of plumbing or pipefitting, or both, in violation of subsection (1) ((or)), (2), (3), or (4) of this section or at which a person is employed in violation of subsection (1) ((or)), (2), (3), or (4) of this section is a separate infraction.

((~~(4)~~)) (6) Notices of infractions for violations of subsection (1) ((or)), (2), (3), or (4) of this section may be issued to:

(a) The person engaging in or offering to engage in the trade of plumbing in violation of subsection (1) ((or)), (2), (3), or (4) of this section;

(b) The contractor in violation of subsection (1) ((or)), (2), (3), or (4) of this section; and

(c) The contractor's employee who authorized the work assignment of the person employed in violation of subsection (1) ((or)), (2), (3), or (4) of this section.

Sec. 3. RCW 18.106.030 and 1997 c 326 s 4 are each amended to read as follows:

Any person desiring to be issued a certificate of competency as provided in this chapter shall deliver evidence in a form prescribed by the department affirming that ((~~said~~)) the person has had sufficient experience in as well as demonstrated general competency in the trade of plumbing or specialty plumbing so as to qualify him or her to make an application for a certificate of competency as a journeyman plumber or specialty plumber. Completion of a course of study in the plumbing trade in the armed services of the United States or at a school accredited by the work force training and education coordinating board shall constitute sufficient evidence of experience and competency to enable such person to make application for a certificate of competency.

Any person desiring to be issued a medical gas piping installer endorsement shall deliver evidence in a form prescribed by the department affirming that the person has met the requirements established by the department for a medical gas piping installer endorsement.

Any person desiring to be issued a certificate of competency as a journeyman pipefitter or as a fuel gas piping installer shall deliver evidence in a form prescribed by the department affirming that the person has met the requirements established by the department for a certificate of competency as a journeyman pipefitter or as a fuel gas piping installer.

In addition to supplying the evidence as prescribed in this section, each applicant for a certificate of competency shall submit an application for such certificate on such form and in such manner as shall be prescribed by the director of the department.

Sec. 4. RCW 18.106.050 and 1997 c 326 s 5 are each amended to read as follows:

(1) The department, with the advice of the advisory board, shall prepare a written examination to be administered to applicants for certificates of competency for journeyman plumber ((~~and~~)), specialty plumber, journeyman pipefitter, and fuel gas piping installer. The examination shall be constructed to determine:

(a) Whether the applicant possesses varied general knowledge of the technical information and practical procedures that are identified with the trade of journeyman plumber ((or)), specialty plumber, journeyman pipefitter, or fuel gas piping installer; and

(b) Whether the applicant is familiar with the applicable plumbing and mechanical codes and the administrative rules of the department pertaining to ((~~plumbing and~~)) plumbers and pipefitters.

The department shall administer the examination to eligible persons. All applicants shall, before taking the examination, pay to the department a fee.

(2) For purposes of the medical gas piping installer endorsement, the department may enter into a contract with a nationally recognized testing agency to develop, administer, and score medical gas piping installer examinations. All applicants shall, before taking an examination for a medical gas piping installer endorsement, pay the required examination fee. The department shall set the examination fee by contract with a nationally recognized testing agency. The fee shall cover but not exceed the costs of preparing and administering the examination and the materials necessary to conduct the practical elements of the examination. The department shall approve training courses and set the fees for training courses for the medical gas piping installer endorsement.

The department shall certify the results of the examination, and shall notify the applicant in writing whether he or she has passed or failed. Any applicant who has failed the examination may retake the examination, upon the terms and after a period of time that the director shall set by rule. The director may not limit the number of times that a person may take the examination.

Sec. 5. RCW 18.106.070 and 1997 c 326 s 6 are each amended to read as follows:

(1) The department shall issue a certificate of competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance. The certificate shall be renewable every other year, upon application, on or before the birthdate of the holder. A renewal fee shall be assessed for each certificate. If a person fails to renew the certificate by the renewal date, he or she must pay a doubled fee. If the person does not renew the certificate within ninety days of the renewal date, he or she must retake the examination and pay the examination fee.

The journeyman plumber ((~~and~~)), specialty plumber, journeyman pipefitter, and fuel gas piping installer certificates of competency, the medical gas piping installer endorsement, and the temporary permits provided for in this chapter grant the holder the right to engage in the work of plumbing or pipefitting, or both, as a journeyman plumber, specialty plumber, journeyman pipefitter, fuel gas piping installer, or medical gas piping installer, in accordance with their provisions throughout the state and within any of its political subdivisions on any job or any employment without additional proof of competency or any other license or permit or fee to engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists.

(2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the plumbing ((~~construction~~)), pipefitting, or fuel gas piping installation trade or who is learning the plumbing ((~~construction~~)), pipefitting, or fuel gas piping installation trade may work in the plumbing ((~~construction~~)), pipefitting, or fuel gas piping installation trade if supervised by ((a)) an appropriate certified journeyman plumber, journeyman pipefitter, fuel gas piping installer, or ((a)) certified specialty plumber in that plumber's specialty. All apprentices and individuals learning the plumbing construction trade shall obtain a plumbing training certificate from the department. The certificate shall authorize the holder to learn the plumbing construction trade while under the direct supervision of a journeyman plumber or a specialty plumber working in his or her specialty. All apprentices and individuals learning the pipefitting trade shall obtain a pipefitting training certificate from the department. The certificate shall authorize the holder to learn the pipefitting trade while under the direct supervision of a journeyman pipefitter. All apprentices and individuals learning the fuel gas piping installation trade shall obtain a fuel gas piping installation training certificate from the department. The certificate shall authorize the holder to learn the fuel gas piping installation trade while under the direct supervision of a fuel gas piping installer, journeyman pipefitter or journeyman plumber. The holder of the ((~~plumbing~~)) 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 ((~~plumbing 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 plumbing ((~~construction~~)), pipefitting, or fuel gas piping installation trade shall have their ((~~plumbing~~)) training certificates in their possession at all times that they are performing plumbing, pipefitting, or fuel gas piping installation 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 a ((~~plumbing~~)) 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~~)) an appropriate journeyman ((~~plumber~~)) or an appropriate specialty plumber who has an applicable certificate of competency issued under this chapter. ((~~Either a~~)) An appropriate journeyman ((~~plumber~~)) or an appropriate specialty plumber 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 plumbers working on a job site shall be: (a) From July 28, 1985, through June 30, 1988, not more than three noncertified plumbers working on any one job site for every certified journeyman or specialty plumber; (b) effective July 1, 1988, not more than two noncertified plumbers working on any one job site for every certified specialty plumber or journeyman plumber working as a specialty plumber; ((~~and~~)) (c) effective July 1, 1988, not more than one noncertified plumber working on any one job site for every certified journeyman plumber working as a journeyman plumber; and (d) effective the effective date of this section, not more than one noncertified pipefitter for every journeyman pipefitter, and not more than one noncertified fuel gas piping installer for each fuel gas piping installer, journeyman pipefitter, or journeyman plumber.

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 plumbing ((~~construction~~)), pipefitting, or fuel gas piping installation trade in a school approved by the work force training and education coordinating board, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.

(4) An individual who has a current training certificate and who has successfully completed or is currently enrolled in a medical gas piping installer training course approved by the department may work on medical gas piping systems if the individual is under the direct supervision of a certified medical gas piping installer who holds a medical gas piping installer endorsement one hundred percent of a working day on a one-to-one ratio.

Sec. 6. RCW 18.106.090 and 1985 c 7 s 78 are each amended to read as follows:

(1) The department is authorized to grant and issue temporary permits in lieu of certificates of competency whenever: (a) A plumber coming into the state of Washington from another state requests the department for a temporary permit to engage in the trade of plumbing as a journeyman plumber or as a specialty plumber; (b) a journeyman pipefitter coming into the state of Washington from another state requests the department for a temporary permit to engage in the trade of pipefitting as a journeyman pipefitter; or (c) a fuel gas piping installer coming into the state of Washington from another state requests the department for a temporary permit to engage in fuel gas piping installation, during the period of time between filing of an application for a certificate as provided in RCW 18.106.030 ((~~as now or hereafter amended~~)) and taking the examination provided for in RCW 18.106.050((~~: PROVIDED, That~~)).

(2) No temporary permit shall be issued to:

((~~(1)~~)) (a) Any person who has failed to pass the examination for a certificate of competency;

((~~(2)~~)) (b) Any applicant under this section who has not furnished the department with such evidence required under RCW 18.106.030;

((~~(3)~~)) (c) To any apprentice plumber or pipefitter.

Sec. 7. RCW 18.106.155 and 1977 ex.s. c 149 s 11 are each amended to read as follows:

The director may, upon payment of the appropriate fees, grant a certificate of competency without examination to any applicant who is a registered journeyman plumber, journeyman pipefitter, fuel gas piping installer, or specialty plumber in any other state whose requirements for registration are at least substantially equivalent to the requirements of this state, and which extends the same privileges of reciprocity to journeymen plumbers, journeymen pipefitters, fuel gas piping installers, or specialty plumbers registered in this state.

Sec. 8. RCW 18.106.170 and 1983 c 124 s 6 are each amended to read as follows:

An authorized representative of the department may investigate alleged or apparent violations of this chapter. An authorized representative of the department upon presentation of credentials may inspect sites at which a person is doing plumbing, pipefitting, or fuel gas piping installation work for the purpose of determining whether that person has a certificate or permit issued by the department in accordance with this chapter or is supervised by a person who has such a certificate or permit. Upon request of the authorized representative of the department, a person doing plumbing, pipefitting, or fuel gas piping installation work shall produce evidence that the person has a certificate or permit issued by the department in accordance with this chapter or is supervised by a person who has such a certificate or permit.

NEW SECTION. Sec. 9. A new section is added to chapter 18.106 RCW to read as follows:

No examination shall be required of any applicant for a certificate of competency as a journeyman pipefitter or as a fuel gas piping installer who, four years before the effective date of this section, was engaged in a bona fide business or trade of pipefitting. Applicants qualifying under this section shall be issued a certificate by the department upon making an application as provided in RCW 18.106.030 and paying the fee required under RCW 18.106.050, but no applicant under this section shall be required to furnish such evidence as required by RCW 18.106.030.

Sec. 10. RCW 18.106.180 and 1996 c 147 s 4 are each amended to read as follows:

An authorized representative of the department may issue a notice of infraction as specified in RCW 18.106.020((~~(3)~~)) (6) if a person who is doing plumbing or pipefitting work or who is offering to do plumbing work fails to produce evidence of having a certificate or permit issued by the department in accordance with this chapter or of being supervised by a person who has such a certificate or permit. A notice of infraction issued under this section shall be personally served on the person named in the notice by an authorized representative of the department or sent by certified mail to the last known address provided to the department of the person named in the notice.

Sec. 11. RCW 18.106.250 and 1994 c 174 s 7 are each amended to read as follows:

(1) The administrative law judge shall conduct notice of infraction cases under this chapter pursuant to chapter 34.05 RCW.

(2) The burden of proof is on the department to establish the commission of the infraction by a preponderance of the evidence. The notice of infraction shall be dismissed if the defendant establishes that, at the time the notice was issued:

(a) The defendant who was issued a notice of infraction authorized by RCW 18.106.020((~~(3)(a)~~)) (6)(a) had a certificate or permit issued by the department in accordance with this chapter, was supervised by a person who has such a certificate or permit, or was exempt from this chapter under RCW 18.106.150; or

(b) For the defendant who was issued a notice of infraction authorized by RCW 18.106.020((~~(3) (b) or (c)~~)) (6) (b) or (c), the person employed or supervised by the defendant has a certificate or permit issued by the department in accordance with this chapter, was supervised by a person who had such a certificate or permit, or was exempt from this chapter under RCW 18.106.150.

(3) After consideration of the evidence and argument, the administrative law judge shall determine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the record of the proceedings. If it has been established that the infraction was committed, the administrative law judge shall issue findings of fact and conclusions of law in its decision and order determining whether the infraction was committed.

(4) An appeal from the administrative law judge's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure.

NEW SECTION. Sec. 12. This act takes effect January 1, 1999.