BILL REQ. #:  S-0502.1 

Read first time 02/05/2007.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to the regulation of the HVAC/R profession; amending RCW 18.106.010, 18.106.020, 18.106.030, 18.106.040, 18.106.110, 18.106.130, 18.106.150, 18.106.170, 18.106.180, and 18.106.270; adding new sections 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 2006 c 185 s 1 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Advisory board" means the state plumbing and HVAC/R 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) "Heating, ventilating, air conditioning, and refrigeration," or "HVAC/R," means that craft involved in installing, altering, repairing, and renovating heating, ventilation, air conditioning, and refrigeration systems and equipment including, but not limited to, furnaces, air conditioning equipment, ducting, ventilation, and refrigeration equipment that is not a totally self-contained device like a household refrigerator or heater that plugs into a standard electrical outlet and has been listed by a nationally recognized testing agency approved by the plumbing and mechanical board.
     (a) HVAC/R does not include installing, maintaining, or repairing electrical wiring to a dedicated disconnect located within six feet of the HVAC equipment for the purpose of supplying electricity to operate the HVAC/R equipment or wires installed in a structure to control and operate HVAC/R equipment, but does include installing, maintaining, repairing, or replacing electrical components provided by the manufacturer of the HVAC/R equipment or that are like-in-kind electrical components.
     (b) HVAC/R does not include any hearth appliance. Hearth appliance includes any wood or pellet burning appliance, or any natural gas, propane, electric, or oil fueled appliance that has a visual presence in the living space of the home, or any outdoor natural gas or propane fueled barbecue or fireplace. Hearth appliances include but are not limited to fireplaces, fireplace inserts, barbecues, freestanding heaters or appliances, and unducted space heaters.
     (6) "HVAC/R administrator" means a person who has been issued an HVAC administrator's certificate in accordance with section 11 of this act.
     (7) "HVAC/R contractor" means a contractor currently registered under chapter 18.27 RCW, who has notified the department in writing that it will engage in or offer to install, maintain, repair, or service HVAC/R equipment, and who has designated an HVAC/R administrator in accordance with section 11 of this act.
     (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.
     (((6))) (9) "Like-in-kind" means having similar characteristics such as plumbing size, type, and function, and being in the same location.
     (((7))) (10) "Medical gas piping" means oxygen, nitrous oxide, high pressure nitrogen, medical compressed air, and medical vacuum systems.
     (((8))) (11) "Medical gas piping installer" means a journeyman plumber who has been issued a medical gas piping installer endorsement.
     (((9))) (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.
     (((10))) (13) "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;
     (b) Maintenance and repair of backflow prevention assemblies; or
     (c) A domestic water pumping system consisting of the installation, maintenance, and repair of the pressurization, treatment, and filtration components of a domestic 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 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; 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 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, or floor;
     (iii) If located within the interior space of a residential structure, are connected to a plumbing distribution system 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.

Sec. 2   RCW 18.106.020 and 2006 c 185 s 11 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. This section does not apply to a contractor who is contracting for work on his or her own residence. Until July 1, 2007, the department shall issue a written warning to any specialty plumber defined by RCW 18.106.010(((10))) (13)(c) not having a valid plumber certification. The warning will state that the individual must apply for a plumber training certificate or be qualified for and apply for plumber certification under the requirements in RCW 18.106.040 within thirty calendar days of the warning. Only one warning will be issued to any individual. If the individual fails to comply with this section, the department shall issue a penalty or penalties as authorized by this chapter.
     (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) After December 31, 2007, no person may do or offer to do the work of an HVAC/R contractor unless the person is an HVAC/R contractor or is employed for an HVAC/R contractor as required by this act.
     (4) 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))) (5) Violation of this section is an infraction. Each day in which a person engages in the trade of plumbing in violation of this section or employs a person in violation of this section is a separate infraction. Each worksite at which a person engages in the trade of plumbing or as an HVAC/R contractor in violation of this section or at which a person is employed in violation of this section is a separate infraction.
     (((5))) (6) Notices of infractions for violations of this section may be issued to:
     (a) The person engaging in or offering to engage in the trade of plumbing or, after December 31, 2007, as an HVAC/R contractor, in violation of this section;
     (b) The contractor in violation of this section; and
     (c) The contractor's employee who authorized the work assignment of the person employed in violation 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 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 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 an HVAC/R administrator's certificate must successfully pass an HVAC/R administrator examination prepared by the advisory board as provided by sections 11 and 12 of this act.
     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 18.106.040 and 2006 c 185 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(((10))) (13)(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(((10))) (13) (b) or (c) shall furnish written evidence that he or she is eligible to take the examination. These eligibility requirements for the specialty plumbers defined by RCW 18.106.010(((10))) (13)(c) shall be one year of practical experience working on pumping systems not exceeding one hundred gallons per minute, and two years of practical experience working on pumping systems exceeding one hundred gallons per minute, or equivalent as determined by rule by the department in consultation with the advisory board, and that experience may be obtained at the same time the individual is meeting the experience required by RCW 19.28.191. The eligibility requirements for other specialty plumbers shall be established 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 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. 5   RCW 18.106.110 and 2006 c 185 s 4 are each amended to read as follows:
     (1) There is created a state plumbing and HVAC/R advisory board ((of plumbers)), to be composed of ((seven)) fourteen members appointed by the governor. Two members shall be journeyman plumbers, 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, three members shall be either journeyman HVAC/R mechanics or journeyman residential HVAC/R mechanics, at least one of which must reside east of the crest of the Cascade mountains, three members shall be persons conducting an HVAC/R business, at least one of which must reside east of the crest of the Cascade mountains, and one member from the general public who is familiar with the HVAC/R trade and business.
     (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; the term of one journeyman HVAC/R mechanic expires July 1, 2009; the term of the second journeyman HVAC/R mechanic expires July 1, 2010; the term of the third journeyman HVAC/R mechanic expires July 1, 2011; the term of one person conducting an HVAC/R business expires July 1, 2009; the term of the second person conducting an HVAC/R business expires July 1, 2010; the term of the third person conducting an HVAC/R business expires July 1, 2011; and the term of the public member with HVAC/R experience expires July 1, 2009. 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)(a) 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.
     (b) The advisory board may, upon a two-thirds majority vote of the entire board, organize itself into two subboards, one subboard for the purpose of addressing issues of relevance to either the plumbing trade and business, and a second subboard for the HVAC/R contractor trade and business. All decisions of either subboard constituted pursuant to this subsection shall be deemed a decision of the advisory board unless rejected within ninety days by a two-thirds majority vote of the members of the full advisory board.
     (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.

Sec. 6   RCW 18.106.130 and 1973 1st ex.s. c 175 s 13 are each amended to read as follows:
     All moneys received from certificates, permits, or other sources, shall be paid to the state treasurer as ex officio custodian thereof and by him placed in a special fund designated as the "plumbing and HVAC/R certificate fund". He 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 said fund, and of all disbursement therefrom. Said fund shall be charged with its pro rata share of the cost of administering said fund.

Sec. 7   RCW 18.106.150 and 2003 c 399 s 402 are each amended to read as follows:
     (1) Nothing in this chapter shall be construed to require that a person obtain a license or a certified plumber in order to do plumbing work, or be or work for an HVAC/R contractor to do the work of an HVAC/R contractor, at his or her residence or farm or place of business or on other property owned by him or her.
     (2) A current certificate of competency or apprentice permit is not required for:
     (a) Persons performing HVAC/R contractor work or plumbing work on a farm; or
     (b) Certified journeyman electricians, certified residential specialty electricians, or electrical trainees working for an electrical contractor and performing exempt work under RCW 18.27.090(18).
     (3) Nothing in this chapter shall be intended to derogate from or dispense with the requirements of any valid mechanical code or plumbing 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 plumbing.
     (4) This chapter shall not apply to common carriers subject to Part I of the Interstate Commerce Act, nor to their officers and employees.
     (5) Nothing in this chapter shall be construed to apply to any farm, business, industrial plant, or corporation doing plumbing or HVAC/R contractor work on premises it owns or operates.
     (6) 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 such plumbing hold themselves out as engaged in the trade or business of plumbing.

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 or HVAC/R contractor 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 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.

Sec. 9   RCW 18.106.180 and 2002 c 82 s 3 are each amended to read as follows:
     (1) An authorized representative of the department may issue a notice of infraction as specified in RCW 18.106.020 if:
     (a) A person who is doing plumbing work or who is offering to do plumbing work fails to produce evidence of:
     (i) Having a certificate or permit issued by the department in accordance with this chapter, or being supervised by a person who has such a certificate or permit; and
     (ii) Being registered as a contractor as required under chapter 18.27 RCW or this chapter, or being employed by a person who is registered as a contractor;
     (b) A person who employs anyone, or offers or advertises to employ anyone, to do plumbing work fails to produce evidence of being registered as a contractor as required under chapter 18.27 RCW or this chapter; ((or))
     (c) A contractor violates RCW 18.106.320; or
     (d) After December 31, 2007, a person who is doing the work of an HVAC/R contractor, or offers to do the work of an HVAC/R contractor, does not meet the requirements of being an HVAC/R contractor.
     (2) 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. 10   RCW 18.106.270 and 1994 c 174 s 8 are each amended to read as follows:
     (1) A person found to have committed an infraction under RCW 18.106.020 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 plumbing and HVAC/R certificate fund.

NEW SECTION.  Sec. 11   A new section is added to chapter 18.106 RCW to read as follows:
     (1) The department shall issue an HVAC/R administrator's certificate to any person who passes the examination established by the advisory board pursuant to section 12 of this act.
     (2) A certificate issued under this section is valid for two years from the nearest birthdate of the administrator, unless revoked or suspended, and is nontransferable. The certificate may be renewed for a two-year period without examination by appropriate application unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date. If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. A person may take the administrator's test as many times as necessary to pass, without limit.
     (3) The administrator shall:
     (a) Be a member of the firm or a supervisory employee and shall be available during working hours to carry out the duties of an administrator under this section;
     (b) Ensure that all HVAC work complies with the HVAC installation laws and rules;
     (c) Ensure proper permits are required and inspections made;
     (d) See that corrective notices issued by an inspecting authority are complied with; and
     (e) Notify the department in writing within ten days if the administrator relationship is terminated with the HVAC/R contractor.
     (4) Individuals who can provide evidence to the department prior to January 1, 2008, that they have been an HVAC/R contractor or doing the work of an HVAC/R contractor as defined by this act for not less than eight thousand hours in the most recent six calendar years shall be issued an HVAC/R administrator's certificate by the department without examination upon receiving such documentation and applicable fees.
     (5) Any contractor doing or offering to do the work of an HVAC/R contractor must designate a supervisory employee or member of the firm to take the required master electrician's or administrator's examination. Effective January 1, 2008, a supervisory employee designated as the HVAC/R administrator shall be a full-time supervisory employee. This person shall be designated as the HVAC/R administrator under the contractor's registration. No person may qualify as administrator for more than one contractor. If the relationship of the administrator with the HVAC/R contractor is terminated, the contractor's license is void within ninety days unless another administrator is qualified by the advisory board. However, if the administrator dies, the contractor's license is void within one hundred eighty days unless another administrator is qualified by the advisory board.

NEW SECTION.  Sec. 12   A new section is added to chapter 18.106 RCW to read as follows:
     (1) The department, in consultation with the advisory board, shall establish and administer written examinations for HVAC/R administrators' certificates. Examinations shall be designed to reasonably ensure that HVAC/R administrators' certificate holders are competent to engage in and supervise the HVAC mechanical work as defined by this act. The examinations shall include questions to assure proper safety and protection for the general public. The department, with the consent of the advisory board, is permitted to enter into a contract with a professional testing agency to develop, administer, and score these examinations. The fee for the examination may be set by the department in its contract with the professional testing agency. The department may direct that the applicant pay the fee to the professional testing agency. The fee shall cover but not exceed the costs of preparing and administering the examination.
     (2) 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 the HVAC/R administrator examination required by this section. All applicants shall, before taking an examination, 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.
     (3) The department, with the consent of the advisory board, may recognize, in lieu of having to pass the HVAC/R administrator examination, a certification issued by a nationally recognized organization engaged in testing and issuing certifications in the HVAC/R industry. All fees applicable to issuing an HVAC/R administrator's certificate, except the examination fee, shall apply.

NEW SECTION.  Sec. 13   A new section is added to chapter 18.106 RCW to read as follows:
     Individuals doing HVAC/R work for an HVAC/R contractor are not required to be certified to do HVAC/R work under this act.

NEW SECTION.  Sec. 14   A new section is added to chapter 18.106 RCW to read as follows:
     (1) 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 this chapter after consultation with the advisory board and receiving the advisory board's recommendations. In the administration of this chapter, the department shall not enter any controversy arising over work assignments with respect to the trades involved in the construction industry.
     (2) Compliance with the rules adopted under subsection (1) of this section is prima facie evidence of compliance with this chapter. Copies of all rules shall be maintained by the department and made available upon request.

NEW SECTION.  Sec. 15   This act takes effect January 1, 2008.