BILL REQ. #:  H-3975.2 

Read first time 01/22/2004.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to sprinkler fitters; adding a new chapter to Title 18 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Advisory board" means the state advisory board of sprinkler fitters.
     (2) "Department" means the Washington state fire marshal's office.
     (3) "Director" means the Washington state fire marshal.
     (4) "Fire protection sprinkler fitting" means the installation, maintenance, and repair of sprinkler, standpipe, hose, or other hazard systems for fire protection purposes, that is an assembly of underground and/or overhead piping or conduit beginning at the connection to the primary water supply, whether public or private.
     (5) "Journeyman sprinkler fitter" means any person who has been issued a certificate of competency by the department as provided in this chapter, to work under the supervision of a licensed fire protection contractor under the provisions of chapter 18.160 RCW.
     (6) "NFPA 13-D" means whatever standard is used by the national fire protection association for the installation of fire protection sprinkler systems in one or two-family residential dwellings or mobile homes.
     (7) "NFPA 13-R" means whatever standard is used by the national fire protection association for the installation of fire protection sprinkler systems in residential dwellings up to four stories in height.
     (8) "Residential sprinkler fitter" means anyone who has been issued a residential certificate of competency limited to installation, maintenance, and repair of the fire protection sprinkler system of residential occupancies as defined by NFPA 13-D and NFPA 13-R.
     (9) "Contractor" means any person or body of persons, corporate or otherwise, engaged in any work covered by the provisions of this chapter, who is a licensed fire protection contractor under the provisions of chapter 18.160 RCW.

NEW SECTION.  Sec. 2   (1) No person may engage in or offer to engage in the trade of sprinkler fitting without having a journeyman certificate, residential certificate, temporary permit, or trainee certificate. A trainee must be supervised by a person who has a journeyman certificate, residential certificate, or temporary permit, as specified in section 6 of this act. No contractor may employ a person to engage in or offer to engage in the trade of sprinkler fitting unless the person employed has a journeyman certificate, residential certificate, temporary permit, or trainee certificate. This section does not apply to a contractor who is contracting for work on his or her own residence.
     (2) A violation of subsection (1) of this section is an infraction. Each day in which a person engages in the trade of sprinkler fitting in violation of subsection (1) of this section or employs a person in violation of subsection (1) of this section is a separate infraction. Each worksite at which a person engages in the trade of sprinkler fitting in violation of subsection (1) of this section or at which a person is employed in violation of subsection (1) of this section is a separate infraction.
     (3) Notices of infractions for violations of subsection (1) of this section may be issued to:
     (a) The person engaging in or offering to engage in the trade of sprinkler fitting in violation of subsection (1) of this section;
     (b) The contractor in violation of subsection (1) of this section; and
     (c) The contractor's employee who authorized the work assignment of the person employed in violation of subsection (1) of this section.

NEW SECTION.  Sec. 3   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 the person has had sufficient experience, as well as demonstrated general competency, in the trade of sprinkler fitting or residential sprinkler fitting so as to qualify him or her to make an application for a certificate of competency as a journeyman sprinkler fitter or residential sprinkler fitter.
     In addition to supplying the evidence as prescribed in this section, each applicant for a certificate of competency shall submit an application for a certificate on a form and in a manner as prescribed by the director.

NEW SECTION.  Sec. 4   Upon receipt of the application and evidence set forth in section 3 of this act, the director shall review the same and make a determination as to whether the applicant is eligible to take an examination for the certificate of competency. To be eligible to take the examination each applicant for a journeyman sprinkler fitter's certificate of competency shall furnish written evidence that he or she has either completed a course of study in the sprinkler fitting trade in the armed services of the United States or at a school accredited by the department; or that he or she has five or more years of experience under the direct supervision of a licensed sprinkler fitter contractor and a certified journeyman sprinkler fitter. Each applicant for a residential sprinkler fitter's certificate of competency shall furnish written evidence that he or she has either completed a course of study in the sprinkler fitting trade in the armed services of the United States or at a school accredited by the department, or that he or she has had at least three years' practical experience under the direct supervision of a certified journeyman sprinkler fitter or certified residential sprinkler fitter in that sprinkler fitter's speciality. No other requirement for eligibility may be imposed. The director shall establish reasonable rules for the examinations to be given applicants for certificates of competency. In establishing the rules and criteria, the director shall consult with the advisory board. Upon determination that the applicant is eligible to take the examination, the director shall so notify him or her, indicating the time and place for taking the examination.

NEW SECTION.  Sec. 5   The director, in consultation with the advisory board, shall prepare a written examination to be administered to applicants for certificates of competency for journeyman sprinkler fitter and residential sprinkler fitter. The examination shall be constructed to determine:
     (1) Whether the applicant possesses varied general knowledge of the technical information and practical procedures that are identified with the trade of journeyman sprinkler fitter or residential sprinkler fitter; and
     (2) Whether the applicant is familiar with the applicable fire protection codes and the administrative rules of the department pertaining to sprinkler fitting and sprinkler fitters.
     The department shall administer the examination to eligible persons. Before taking the examination, all applicants must pay a fee to the department.
     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 limit the number of times that a person may take the examination.

NEW SECTION.  Sec. 6   (1) The department shall issue certificates 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 two years after 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 sprinkler fitter and residential sprinkler fitter certificates of competency and the temporary permit provided for in this chapter grant the holder the right to engage in the work of sprinkler fitting as a journeyman sprinkler fitter or residential sprinkler fitter 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 sprinkler fitting construction trade or who is learning the sprinkler fitting construction trade may work in the sprinkler fitting construction trade if supervised by a certified journeyman sprinkler fitter or a certified residential sprinkler fitter in that sprinkler fitter's specialty. All apprentices and individuals learning the sprinkler fitting construction trade shall obtain a sprinkler fitting training certificate from the department. The certificate shall authorize the holder to learn the sprinkler fitting construction trade while under the direct supervision of a journeyman sprinkler fitter or a residential sprinkler fitter working in his or her specialty. The holder of the sprinkler fitting 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 sprinkler fitting 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 sprinkler fitting construction trade shall have their sprinkler fitting training certificates in their possession at all times that they are performing sprinkler fitting 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 sprinkler fitting 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 sprinkler fitter or an appropriate residential sprinkler fitter who has an applicable certificate of competency issued under this chapter. Either a journeyman sprinkler fitter or an appropriate residential sprinkler fitter 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 residential sprinkler fitters working on a job site shall be not more than two noncertified individuals working on any one job site for every one certified journeyman sprinkler fitter or one certified residential sprinkler fitter.
     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 sprinkler fitting construction trade in a school approved by the department may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.

NEW SECTION.  Sec. 7   (1) No examination is required of any applicant for a certificate of competency who:
     (a) For a period of five years prior to the effective date of this act, was engaged in a bona fide business or trade of sprinkler fitting and held a certificate of competency issued under chapter 18.160 RCW;
     (b) For a period of five years prior to the effective date of this act, was employed by someone certified under chapter 18.160 RCW; or
     (c) On the effective date of this act, holds a valid journeyman sprinkler fitter's license issued by a political subdivision of the state of Washington and whose license is valid at the time of making his or her application for the certificate.
     (2) Applicants qualifying under this section shall be issued a certificate by the department upon making an application as provided in section 3 of this act and paying the fee required under section 6 of this act. However, each applicant under this section is required to furnish the evidence required by section 3 of this act.

NEW SECTION.  Sec. 8   The department is authorized to grant and issue temporary permits in lieu of certificates of competency whenever a sprinkler fitter coming into the state of Washington from another state requests a temporary permit to engage in the trade of sprinkler fitting as a journeyman sprinkler fitter or as a residential sprinkler fitter during the period of time between filing of an application for a certificate as provided in section 3 of this act and taking the examination provided for in section 5 of this act. However, no temporary permit shall be issued to:
     (1) Any person who has failed to pass the examination for a certificate of competency;
     (2) Any applicant under this section who has not furnished the department with the evidence required under section 3 of this act; or
     (3) Any apprentice sprinkler fitter.

NEW SECTION.  Sec. 9   (1) The department may revoke or suspend a certificate of competency for any of the following reasons:
     (a) The certificate was obtained through error or fraud;
     (b) The certificate holder is judged to be incompetent to carry on the trade of sprinkler fitting as a journeyman sprinkler fitter or residential sprinkler fitter;
     (c) The certificate holder has violated any provision of this chapter or any rule adopted under this chapter.
     (2) Before a certificate of competency is revoked or suspended, the department shall send written notice by registered mail with return receipt requested to the certificate holder's last known address. The notice must list the allegations against the certificate holder and give him or her the opportunity to request a hearing before the advisory board. At the hearing, the department and the certificate holder have opportunity to produce witnesses and give testimony. The hearing must be conducted in accordance with chapter 34.05 RCW. The advisory board shall render its decision based upon the testimony and evidence presented and shall notify the parties immediately upon reaching its decision. A majority of the advisory board is necessary to render a decision.
     (3) The department may deny renewal of a certificate of competency issued under this chapter if the applicant 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 hearings officer. The office of administrative hearings shall conduct the hearing under chapter 34.05 RCW. If the hearings officer sustains the decision of the department, the two hundred dollars must be applied to the cost of the hearing.

NEW SECTION.  Sec. 10   (1) There is created a state advisory board of sprinkler fitters, to be composed of five members appointed by the governor. Members shall be two journeyman sprinkler fitters, two licensed fire protection contractors under chapter 18.160 RCW, and the state fire marshal or his or her designee who is familiar with the business and trade of sprinkler fitting.
     (2) The term of one journeyman sprinkler fitter expires July 1, 2007; the term of the second journeyman sprinkler fitter expires July 1, 2008; the term of one licensed fire protection contractor expires July 1, 2007; and the term of the second licensed fire protection contractor expires July 1, 2008. Thereafter, upon the expiration of the terms, the governor shall appoint a new member to serve for a period of three years. However, to ensure that the advisory board can continue to act, a member whose term expires shall continue to serve until his or her replacement is appointed. In the case of any vacancy on the advisory board for any reason, the governor shall appoint a new member to serve out the term of the person whose position has become vacant.
     (3) The advisory board shall carry out all the functions and duties enumerated in this chapter, as well as generally advise the department on all matters relative to this chapter.
     (4) Each member of the advisory board shall receive travel expenses in accordance with the provisions of RCW 43.03.050 and 43.03.060 for each day in which the member is actually engaged in attendance of meetings of the advisory board.

NEW SECTION.  Sec. 11   (1) The department shall charge fees for issuance, renewal, and reinstatement of all certificates and permits and for examinations required by this chapter. The department shall set the fees by rule.
     (2) The fees shall cover the full cost of issuing the certificates, devising and administering the examinations, and administering and enforcing this chapter. Costs include travel, per diem, and administrative support costs.

NEW SECTION.  Sec. 12   All moneys received from certificates, permits, or other sources shall be paid to the state treasurer as ex officio custodian thereof and placed by the treasurer in a special fund designated as the "sprinkler fitting certificate fund." The treasurer shall pay out upon vouchers duly and regularly issued therefor and approved by the director. The treasurer shall keep an accurate record of payments into the fund, and of all disbursement therefrom. The fund shall be charged with its pro rata share of the cost of administering the fund.

NEW SECTION.  Sec. 13   The director may adopt rules, make specific decisions, orders, and rulings, including demands and findings, and take other necessary action for the implementation and enforcement of his or her duties under this chapter. However, in the administration of this chapter the director shall not enter into any controversy arising over work assignments with respect to the trades involved in the construction industry.

NEW SECTION.  Sec. 14   Nothing in this chapter is intended to derogate from or dispense with the requirements of any valid sprinkler fitting code enacted by a political subdivision of the state, 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 trade of sprinkler fitting. Nothing in this chapter 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 sprinkler fitting hold themselves out as engaged in the trade or business of sprinkler fitting.

NEW SECTION.  Sec. 15   The director may, upon payment of the appropriate fees, grant a certificate of competency without examination to any applicant who is a registered journeyman sprinkler fitter or residential sprinkler fitter 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 sprinkler fitters or residential sprinkler fitters registered in this state.

NEW SECTION.  Sec. 16   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 sprinkler fitting work for the purpose of determining whether that person has a certificate 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 sprinkler fitting 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. 17   An authorized representative of the department may issue a notice of infraction as specified in section 2(3) of this act if a person who is doing sprinkler fitting work or who is offering to do sprinkler fitting 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.

NEW SECTION.  Sec. 18   The form of the notice of infraction issued under this chapter must include the following:
     (1) A statement that the notice represents a determination that the infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;
     (2) A statement that the infraction is a noncriminal offense for which imprisonment shall not be imposed as a sanction;
     (3) A statement of the specific infraction for which the notice was issued;
     (4) A statement of the monetary penalty that has been established for the infraction;
     (5) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
     (6) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses, including the authorized representative of the department who issued and served the notice of infraction;
     (7) A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter;
     (8) A statement that refusal to sign the infraction as directed in subsection (7) of this section is a misdemeanor; and
     (9) A statement that failure to respond to a notice of infraction as promised is a misdemeanor and may be punished by either a fine, or imprisonment in jail, or both.

NEW SECTION.  Sec. 19   A violation designated as an infraction under this chapter shall be heard and determined by an administrative law judge of the office of administrative hearings. If a party desires to contest the notice of infraction, the party shall file a notice of appeal with the department within twenty days of issuance of the infraction. The administrative law judge shall conduct hearings in these cases at locations in the county where the infraction is alleged to have occurred.

NEW SECTION.  Sec. 20   Unless contested in accordance with this chapter, the notice of infraction represents a determination that the person to whom the notice was issued committed the infraction.

NEW SECTION.  Sec. 21   (1) A person who receives a notice of infraction shall respond to the notice as provided in this section within fourteen days of the date the notice was served.
     (2) If the person named in the notice of infraction does not wish to contest the notice of infraction, the person shall pay to the department, by check or money order, the amount of the penalty prescribed for the infraction. When a response that does not contest the determination is received by the department with the appropriate payment, the department shall make the appropriate entry in its records.
     (3) If the person named in the notice of infraction wishes to contest the notice of infraction, the person shall respond by filing an answer of protest with the department specifying the grounds of protest.
     (4) If any person issued a notice of infraction (a) fails to respond to the notice of infraction as provided in subsection (2) of this section; or (b) fails to appear at a hearing requested under subsection (3) of this section; then the administrative law judge shall enter an appropriate order assessing the monetary penalty prescribed for the infraction and shall notify the department of the failure to respond to the notice of infraction or to appear at a requested hearing.

NEW SECTION.  Sec. 22   It is a misdemeanor for any person who has been personally served with a notice of infraction:
     (1) To refuse to sign a written promise to respond to the notice; or
     (2) To willfully violate the written promise to respond to a notice of infraction as provided in this chapter, regardless of the ultimate disposition of the infraction.

NEW SECTION.  Sec. 23   A person subject to proceedings under this chapter may appear or be represented by counsel. The department shall be represented by the attorney general in any proceeding under this chapter.

NEW SECTION.  Sec. 24   (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 section 2(3)(a) of this act 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 section 14 of this act; or
     (b) For the defendant who was issued a notice of infraction authorized by section 2(3) (b) or (c) of this act, 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 section 14 of this act.
     (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. 25   (1) A person found to have committed an infraction under section 2 of this act shall be assessed a monetary penalty of two hundred fifty dollars for the first infraction, and not more than one thousand dollars for a second or subsequent infraction. The department shall set by rule a schedule of penalties for infractions imposed under this chapter.
     (2) The administrative law judge may waive, reduce, or suspend the monetary penalty imposed for the infraction for good cause shown.
     (3) Monetary penalties collected under this chapter shall be deposited in the sprinkler fitting certificate fund.

NEW SECTION.  Sec. 26   The director shall suspend the certificate or permit of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate or permit shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification or permits during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

NEW SECTION.  Sec. 27   The department shall immediately suspend any certificate of competency issued under this chapter if the holder of the certificate has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of competency shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.

NEW SECTION.  Sec. 28   This act takes effect July 1, 2004.

NEW SECTION.  Sec. 29   Sections 1 through 28 of this act constitute a new chapter in Title 18 RCW.