H-3088.3 _______________________________________________
HOUSE BILL 2470
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Representatives Conway, Campbell, Cairnes, Cooper, Hunt, Hurst, Quall, Armstrong, Delvin, Tokuda and Kenney
Read first time 01/17/2002. Referred to Committee on Commerce & Labor.
AN ACT Relating to plumbing contractors; amending RCW 18.27.010, 18.27.070, 18.106.010, 18.106.020, 18.106.180, and 18.106.250; adding a new section to chapter 18.106 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 18.27.010 and 2001 c 159 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Contractor" means any person, firm, or corporation who or which, in the pursuit of an independent business undertakes to, or offers to undertake, or submits a bid to, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish, for another, any building, highway, road, railroad, excavation or other structure, project, development, or improvement attached to real estate or to do any part thereof including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works in connection therewith or who installs or repairs roofing or siding; or, who, to do similar work upon his or her own property, employs members of more than one trade upon a single job or project or under a single building permit except as otherwise provided herein. "Contractor" includes plumbing contractors. "Contractor" includes any person, firm, corporation, or other entity covered by this subsection, whether or not registered as required under this chapter.
(2) "Department" means the department of labor and industries.
(3) "Director" means the director of the department of labor and industries or designated representative employed by the department.
(4) "General contractor" means a contractor whose business operations require the use of more than two unrelated building trades or crafts whose work the contractor shall superintend or do in whole or in part. "General contractor" shall not include an individual who does all work personally without employees or other "specialty contractors" as defined in this section. The terms "general contractor" and "builder" are synonymous.
(5) "Partnership" means a business formed under Title 25 RCW.
(6) "Plumbing contractor" means any person, corporate or otherwise, who primarily engages in, or offers or advertises to engage in, work covered by the provisions of chapter 18.106 RCW by way of trade or business, or any person, corporate or otherwise, who primarily employs anyone, or offers or advertises to employ anyone, to engage in work covered by the provisions of chapter 18.106 RCW.
(7) "Registration cancellation" means a written notice from the department that a contractor's action is in violation of this chapter and that the contractor's registration has been revoked.
(((7))) (8)
"Registration suspension" means a written notice from the department
that a contractor's action is a violation of this chapter and that the
contractor's registration has been suspended for a specified time, or until the
contractor shows evidence of compliance with this chapter.
(((8))) (9)
"Residential homeowner" means an individual person or persons owning
or leasing real property:
(a) Upon which one single-family residence is to be built and in which the owner or lessee intends to reside upon completion of any construction; or
(b) Upon which there is a single-family residence to which improvements are to be made and in which the owner or lessee intends to reside upon completion of any construction.
(((9))) (10)
"Specialty contractor" means a contractor whose operations do not
fall within the definition of "general contractor".
(((10))) (11)
"Unregistered contractor" means a person, firm, corporation, or other
entity doing work as a contractor without being registered in compliance with
this chapter. "Unregistered contractor" includes contractors whose
registration is expired, revoked, or suspended. "Unregistered
contractor" does not include a contractor who has maintained a valid bond
and the insurance or assigned account required by RCW 18.27.050, and whose
registration has lapsed for thirty or fewer days.
(((11))) (12)
"Unsatisfied final judgment" means a judgment that has not been
satisfied either through payment, court approved settlement, discharge in
bankruptcy, or assignment under RCW 19.72.070.
(((12))) (13)
"Verification" means the receipt and duplication by the city, town,
or county of a contractor registration card that is current on its face,
checking the department's contractor registration data base, or calling the
department to confirm that the contractor is registered.
Sec. 2. RCW 18.27.070 and 1997 c 314 s 7 are each amended to read as follows:
The department shall charge fees for issuance, renewal, and reinstatement of certificates of registration; and changes of name, address, or business structure. The department shall set the fees by rule.
The entire amount of the fees except fees paid by plumbing contractors are to be used solely to cover the full cost of issuing certificates, filing papers and notices, and administering and enforcing this chapter. The costs shall include reproduction, travel, per diem, and administrative and legal support costs.
Fees paid by plumbing contractors shall be deposited in the plumbing certificate fund established in RCW 18.106.130 and shall be used to cover the cost of issuing certificates and permits under this chapter and chapter 18.106 RCW, filing papers and notices, administering and enforcing this chapter and chapter 18.106 RCW, and devising and administering examinations under chapter 18.106 RCW.
Sec. 3. RCW 18.106.010 and 2001 c 281 s 1 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) "Contractor" means any person, corporate or otherwise, who engages in, or offers or advertises to engage in, any work covered by the provisions of this chapter by way of trade or business, or any person, corporate or otherwise, who employs anyone, or offers or advertises to employ anyone, to engage in any work covered by the provisions of this chapter;
(3) "Department" means the department of labor and industries;
(((3))) (4)
"Director" means the director of department of labor and industries;
(((4))) (5)
"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))) (6)
"Medical gas piping" means oxygen, nitrous oxide, high pressure
nitrogen, medical compressed air, and medical vacuum systems;
(((6))) (7)
"Medical gas piping installer" means a journeyman plumber who has
been issued a medical gas piping installer endorsement;
(((7))) (8)
"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))) (9)
"Specialty plumber" means anyone who has been issued a specialty
certificate of competency limited to:
(a) Installation, maintenance, and repair of the plumbing of single-family dwellings, duplexes, and apartment buildings that do not exceed three stories; or
(b) Maintenance and repair of backflow prevention assemblies.
Sec. 4. 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 does
not 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 contractor may advertise, offer to do work, submit a bid, or perform any work under this chapter without being registered as a contractor under chapter 18.27 RCW.
(4) Violation of
((subsection (1) or (2) of)) this section is an infraction. Each day in
which a person engages in the trade of plumbing in violation of ((subsection
(1) or (2) of)) this section or employs a person in violation of ((subsection
(1) or (2) of)) this section is a separate infraction. Each worksite at
which a person engages in the trade of plumbing in violation of ((subsection
(1) or (2) of)) this section or at which a person is employed in violation
of ((subsection (1) or (2) of)) this section is a separate infraction.
(((4))) (5)
Notices of infractions for violations of ((subsection (1) or (2) 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) of)) this section;
(b) The contractor in
violation of ((subsection (1) or (2) 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) of)) this section.
Sec. 5. RCW 18.106.180 and 2000 c 171 s 27 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(((4))) if a person who is doing plumbing work or who
is offering to do plumbing work, or who employs anyone or offers or
advertises to employ anyone 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, or of being registered as a contractor under
chapter 18.27 RCW. An authorized representative of the department may
issue a notice of infraction to a contractor for a violation of section 7 of
this act. 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. 6. RCW 18.106.250 and 2000 c 171 s 28 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(((4))) (5)(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(((4)))
(5) (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, or is registered as a
contractor under chapter 18.27 RCW.
(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. 7. A new section is added to chapter 18.106 RCW to read as follows:
(1) Contractors shall accurately verify and attest to the trainee hours worked by plumbing trainees on behalf of the contractor and that all training hours were under the supervision of a certified plumber and within the proper ratio, and shall provide the supervising plumber's name and certificate number.
(2) The department may audit the records of a contractor that has verified the hours of experience submitted by a plumbing trainee to the department under RCW 18.106.030 in the following circumstances: Excessive hours were reported; hours were reported outside the normal course of the contractor's business; or for other similar circumstances in which the department demonstrates a likelihood of excessive or improper 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 a contractor under the provisions of this section is confidential and is not open to public inspection under chapter 42.17 RCW.
(3) Violation of this section by a contractor is an infraction.
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