BILL REQ. #:  S-3749.1 

Read first time 01/09/2006.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to regulating the business of installing, repairing, and maintaining domestic well water systems; amending RCW 18.106.010, 18.106.040, 18.106.050, 18.106.110, and 19.28.041; and adding new sections to chapter 18.106 RCW.

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

Sec. 1   RCW 18.106.010 and 2003 c 399 s 102 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:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (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((;)).
     (4) "Director" means the director of department of labor and industries((;)).
     (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((;)).
     (6) "Like-in-kind" means having similar characteristics such as plumbing size, type, and function, and being in the same location((;)).
     (7) "Medical gas piping" means oxygen, nitrous oxide, high pressure nitrogen, medical compressed air, and medical vacuum systems((;)).
     (8) "Medical gas piping installer" means a journeyman plumber who has been issued a medical gas piping installer endorsement((;)).
     (9) "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((;)).
     (10) "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; or
     (c) Installation, maintenance, and repair of the pressurization, treatment, and filtration components of a domestic well water system consisting of: One or more pumps; pressure, storage, and other tanks; filtration and treatment equipment; if appropriate, a pitless adapter; along with valves, transducers, and other plumbing components and electrical connections, including but not limited to conductors, conduit, raceways, pump controls, control boxes, starters, relays, floats switches, and solenoids, that:
     (i) Are used to acquire, treat, store, or move water suitable for either drinking or other domestic purposes, including irrigation, to: (A) A single-family dwelling, duplex, or other similar place of residence; (B) a public water system, as defined in RCW 70.119.020 and as limited under RCW 70.119.040, that is designed to supply water at a rate of less than five hundred gallons per minute; or (C) a farm owned and operated by a person whose primary residence is located within thirty miles of any part of the farm;
     (ii) Are located: (A) Within a building used primarily to house a well and the pressurization, treatment, and filtration components of a domestic well water system; (B) within the interior space, including but not limited to an attic, basement, crawl space, or garage, of a residential structure, which space is separated from the living area of the residence by a lockable entrance and fixed walls, ceiling, and floor; or (C) outside of any building;
     (iii) Include neither any: (A) Plumbing fixtures, mechanisms, or devices to distribute or access potable water within a building; nor (B) electric components, other than such plumbing or electrical apparatus as are necessary for maintenance, safety, and testing purposes relating to the pressurization, treatment, and filtration portions of the domestic well water system;
     (iv) If located within the interior space of a residential structure, are connected to plumbing supplied and installed into the interior space by either: (A) A person who, pursuant to RCW 18.106.070 or 18.106.090, possesses a valid temporary permit or certificate of competency as a journeyman plumber, specialty plumber, or trainee, as defined in this chapter; or (B) a person exempt from the requirement to obtain a certified plumber to do such plumbing work under RCW 18.106.150;
     (v) If located within the interior space of a building, are connected to an electrical circuit at a junction box that has been installed into the interior space for purposes compatible with such components by either: (A) A person who, pursuant to RCW 19.28.161, possesses a valid certificate of competency as a master journeyman electrician, journeyman electrician, master specialty residential electrician, specialty residential electrician, or a properly supervised electrical trainee; or (B) a person exempt from the requirement to obtain a certified electrician to do such electrical work under RCW 19.28.261; and
     (vi) If located outside of a building, are connected to an electrical circuit where a switch or other means of disconnecting the circuit from a source of power has been installed by either: (A) A person who, pursuant to RCW 19.28.161, possesses a valid certificate of competency as a master journeyman electrician, journeyman electrician, master specialty residential electrician, specialty residential electrician, or a properly supervised electrical trainee; or (B) a person exempt from the requirement to obtain a certified electrician to do such electrical work under RCW 19.28.261.

Sec. 2   RCW 18.106.040 and 2001 c 281 s 2 are each amended to read as follows:
     (1) Upon receipt of the application and evidence set forth in RCW 18.106.030, 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:
     (a) Each applicant for a journeyman plumber's certificate of competency shall furnish written evidence that he or she has completed a course of study in the plumbing trade in the armed services of the United States or at a school licensed by the work force training and education coordinating board, or has had four or more years of experience under the direct supervision of a licensed journeyman plumber.
     (b) Each applicant for a specialty plumber's certificate of competency under RCW 18.106.010(((8))) (10)(a) shall furnish written evidence that he or she has completed a course of study in the plumbing trade in the armed services of the United States or at a school licensed by the work force training and education coordinating board under chapter 28C.10 RCW, or that he or she has had at least three years practical experience in the specialty.
     (c) Each applicant for a specialty plumber's certificate of competency under RCW 18.106.010(((8))) (10) (b) or (c) shall furnish written evidence that he or she is eligible to take the examination. These eligibility requirements shall be adopted by rule by the director pursuant to subsection (2)(b) of this section.
     (2)(a) The director shall establish reasonable rules for the examinations to be given applicants for certificates of competency. In establishing the rules, the director shall consult with the state advisory board of plumbers as established in RCW 18.106.110.
     (b) The director shall establish reasonable criteria by rule for determining an applicant's eligibility to take an examination for the certificate of competency for specialty plumbers under subsection (1)(c) of this section. In establishing the criteria, the director shall consult with the state advisory board of plumbers as established in RCW 18.106.110. These rules must take effect by ((July 1, 2002)) December 31, 2006.
     (3) Upon determination that the applicant is eligible to take the examination, the director shall so notify the applicant, indicating the time and place for taking the same.
     (4) No other requirement for eligibility may be imposed.

Sec. 3   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. 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; and
     (b) Whether the applicant is familiar with the applicable plumbing codes and the administrative rules of the department pertaining to plumbing and plumbers.
     ((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, with the consent of the advisory board, may enter into a contract with a nationally recognized testing agency to develop, administer, and score ((medical gas piping installer)) any examinations required by this chapter. 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)) examinations provided by this chapter.
     (3) An examination to determine the competency of an applicant for a specialty plumbing certificate for the installation, maintenance, and repair of the pressurization and filtration components of a domestic well water system must include questions designed to establish the applicant's knowledge of electrical safety and technical requirements. In developing the electrical portion of this examination, the department shall consult with the electrical board created under RCW 19.28.311. Certification by a professional or trade association recognized by the electrical board as equivalent to a domestic well specialty electrician examination must be accepted as satisfying the electrical portion of this examination.
     (4) The department shall certify the results of the examinations provided by this chapter, 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. 4   RCW 18.106.110 and 1997 c 307 s 1 are each amended to read as follows:
     (1) There is created a state advisory board of plumbers, to be composed of ((five)) seven members appointed by the governor. Two members shall be journeyman plumbers, ((two)) one member shall be a specialty plumber, three members shall be persons conducting a plumbing business, at least one of which shall be primarily engaged in a specialty plumbing business, and one member from the general public who is familiar with the business and trade of plumbing.
     (2) The term of one journeyman plumber expires July 1, 1995; the term of the second journeyman plumber expires July 1, 2000; the term of the specialty plumber expires July 1, 2008; the term of one person conducting a plumbing business expires July 1, 1996; the term of the second person conducting a plumbing business expires July 1, 2000; the term of the third person conducting a plumbing business expires July 1, 2007; and the term of the public member expires July 1, 1997. Thereafter, upon the expiration of said terms, the governor shall appoint a new member to serve for a period of three years. However, to ensure that the 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 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 as now existing or hereafter amended for each day in which such member is actually engaged in attendance upon the meetings of the advisory board.

NEW SECTION.  Sec. 5   A new section is added to chapter 18.106 RCW to read as follows:
     (1) The department shall, in consultation with the advisory board and the electrical board created under RCW 19.28.311, adopt reasonable rules as are necessary to adequately coordinate the regulation of both the plumbing and electrical aspects of domestic well water system specialty plumbing.
     (2) In adopting the rules as required under subsection (1) of this section, the department shall establish, and seek the advice of, a technical advisory committee. The technical advisory committee is composed of at least five persons, appointed by the director from a list of at least eight nominees supplied by a statewide organization of persons engaged in the business of installing, maintaining, and repairing domestic well water systems as described in RCW 18.106.010(10)(c).
     (3) In adopting the rules required under subsection (1) of this section, the department may provide for: (a) Categories of domestic well water systems differentiating on the basis of pump capacity, sizing, or other basis as the department may deem appropriate; and (b) an alternative method of demonstrating the electrical and plumbing competency of any person who has been actively, continually, and primarily engaged in the business of installing, maintaining, and repairing domestic well water systems during the twenty-four months prior to the effective date of this section.
     (4) The department shall refund any penalty paid by and rescind any citation issued to a person for failing to be properly licensed under RCW 19.28.010 if:
     (a) The citation is issued on or after the effective date of this section to a person installing, maintaining, or repairing electrical components of a domestic well water system as defined in RCW 18.106.010(10)(c);
     (b) The person receiving the citation timely appeals the citation pursuant to RCW 19.28.131; and
     (c) The person appealing the citation is issued, within one year of the effective date of the rules adopted under this section, a certificate of competency as a specialty plumber for the installation, maintenance, and repair of the pressurization and filtration components of a domestic well water system.

NEW SECTION.  Sec. 6   A new section is added to chapter 18.106 RCW to read as follows:
     (1) It is unlawful for any person, firm, partnership, corporation, or other entity to advertise, offer to do work, submit a bid, engage in, conduct, or carry on the business of installing or maintaining wires or equipment to convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to any domestic well water system, as described in RCW 18.106.010(10)(c), without having an unrevoked, unsuspended, and unexpired: (a) Electrical contractor license as required by RCW 19.28.041; (b) certificate of competency as a master journeyman electrician, journeyman electrician, master specialty residential electrician, specialty residential electrician, or a properly supervised electrical trainee, as required by RCW 19.28.161; or (c) certificate of competency as a domestic well water system specialty plumber issued by the department in accordance with this chapter.
     (2) It is unlawful for any person, firm, partnership, corporation, or other entity to advertise, offer to do work, submit a bid, engage in, conduct, or carry on the business of plumbing, as defined in RCW 18.106.010, pertaining to any domestic well water system, as described in RCW 18.106.010(10)(c), without having an unrevoked, unsuspended, and unexpired: (a) Certificate of competency as a journeyman plumber, specialty plumber, properly supervised plumbing trainee, or temporary permit, as required by RCW 18.106.020, and provided in RCW 18.106.070; or (b) certificate of competency as a domestic well water system specialty plumber issued by the department in accordance with this chapter.

Sec. 7   RCW 19.28.041 and 2002 c 249 s 2 are each amended to read as follows:
     (1) Except as provided by section 6 of this act, it is unlawful for any person, firm, partnership, corporation, or other entity to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to the electrical industry, without having an unrevoked, unsuspended, and unexpired electrical contractor license, issued by the department in accordance with this chapter. All electrical contractor licenses expire twenty-four calendar months following the day of their issue. The department may issue an electrical contractors license for a period of less than twenty-four months only for the purpose of equalizing the number of electrical contractor licenses that expire each month. Application for an electrical contractor license shall be made in writing to the department, accompanied by the required fee. The application shall state:
     (a) The name and address of the applicant; in case of firms or partnerships, the names of the individuals composing the firm or partnership; in case of corporations, the names of the managing officials thereof;
     (b) The location of the place of business of the applicant and the name under which the business is conducted;
     (c) Employer social security number;
     (d) Evidence of workers' compensation coverage for the applicant's employees working in Washington, as follows:
     (i) The applicant's industrial insurance account number issued by the department;
     (ii) The applicant's self-insurer number issued by the department; or
     (iii) For applicants domiciled in a state or province of Canada subject to an agreement entered into under RCW 51.12.120(7), as permitted by the agreement, filing a certificate of coverage issued by the agency that administers the workers' compensation law in the applicant's state or province of domicile certifying that the applicant has secured the payment of compensation under the other state's or province's workers' compensation law;
     (e) Employment security department number;
     (f) State excise tax registration number;
     (g) Unified business identifier (UBI) account number may be substituted for the information required by (d) of this subsection if the applicant will not employ employees in Washington, and by (e) and (f) of this subsection; and
     (h) Whether a general or specialty electrical contractor license is sought and, if the latter, the type of specialty. Electrical contractor specialties include, but are not limited to: Residential, pump and irrigation, limited energy system, signs, nonresidential maintenance, restricted nonresidential maintenance, appliance repair, and a combination specialty. A general electrical contractor license shall grant to the holder the right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electric current, and installing or maintaining equipment, or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current, in the state of Washington. A specialty electrical contractor license shall grant to the holder a limited right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electrical current, and installing or maintaining equipment; or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current in the state of Washington as expressly allowed by the license.
     (2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(d) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.
     (3) The application for an electrical contractor license shall be accompanied by a bond in the sum of four thousand dollars with the state of Washington named as obligee in the bond, with good and sufficient surety, to be approved by the department. The bond shall at all times be kept in full force and effect, and any cancellation or revocation thereof, or withdrawal of the surety therefrom, suspends the license issued to the principal until a new bond has been filed and approved as provided in this section. Upon approval of a bond, the department shall on the next business day deposit the fee accompanying the application in the electrical license fund and shall file the bond in the office. The department shall upon request furnish to any person, firm, partnership, corporation, or other entity a certified copy of the bond upon the payment of a fee that the department shall set by rule. The fee shall cover but not exceed the cost of furnishing the certified copy. The bond shall be conditioned that in any installation or maintenance of wires or equipment to convey electrical current, and equipment to be operated by electrical current, the principal will comply with the provisions of this chapter and with any electrical ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(3) that is in effect at the time of entering into a contract. The bond shall be conditioned further that the principal will pay for all labor, including employee benefits, and material furnished or used upon the work, taxes and contributions to the state of Washington, and all damages that may be sustained by any person, firm, partnership, corporation, or other entity due to a failure of the principal to make the installation or maintenance in accordance with this chapter or any applicable ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(3). In lieu of the surety bond required by this section the license applicant may file with the department a cash deposit or other negotiable security acceptable to the department. If the license applicant has filed a cash deposit, the department shall deposit the funds in a special trust savings account in a commercial bank, mutual savings bank, or savings and loan association and shall pay annually to the depositor the interest derived from the account.
     (4) The department shall issue general or specialty electrical contractor licenses to applicants meeting all of the requirements of this chapter. The provisions of this chapter relating to the licensing of any person, firm, partnership, corporation, or other entity including the requirement of a bond with the state of Washington named as obligee therein and the collection of a fee therefor, are exclusive, and no political subdivision of the state of Washington may require or issue any licenses or bonds or charge any fee for the same or a similar purpose. No person, firm, partnership, corporation, or other entity holding more than one specialty contractor license under this chapter may be required to pay an annual fee for more than one such license or to post more than one four thousand dollar bond, equivalent cash deposit, or other negotiable security.
     (5) To obtain a general or specialty electrical contractor license the applicant must designate an individual who currently possesses a valid master journeyman electrician's certificate of competency, master specialty electrician's certificate of competency in the specialty for which application has been made, or administrator's certificate as a general electrical contractor administrator or as a specialty electrical contractor administrator in the specialty for which application has been made.
     (6) Administrator certificate specialties include but are not limited to: Residential, pump and irrigation, limited energy system, signs, nonresidential maintenance, restricted nonresidential maintenance, appliance repair, and combination specialty. To obtain an administrator's certificate an individual must pass an examination as set forth in RCW 19.28.051 unless the applicant was a licensed electrical contractor at any time during 1974. Applicants who were electrical contractors licensed by the state of Washington at any time during 1974 are entitled to receive a general electrical contractor administrator's certificate without examination if the applicants apply prior to January 1, 1984. The board of electrical examiners shall certify to the department the names of all persons who are entitled to either a general or specialty electrical contractor administrator's certificate.