BILL REQ. #: S-3855.2
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/25/12. Referred to Committee on Labor, Commerce & Consumer Protection.
AN ACT Relating to plumbing contractors; amending RCW 18.106.010, 18.106.020, 18.106.100, 18.106.150, 18.106.180, 18.106.220, 18.106.270, and 18.106.320; adding new sections to chapter 18.106 RCW; and prescribing penalties.
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 advisory board of plumbers.
(2) "Plumbing 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;
(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.
NEW SECTION. Sec. 2 A new section is added to chapter 18.106 RCW
to read as follows:
(1) Except as provided otherwise in this chapter, it is unlawful
for:
(a) Any person to engage in business as a plumbing contractor,
within the state, without having been issued a valid registration as a
contractor under chapter 18.27 RCW; and
(b) Any person, on or after June 30, 2013, to engage in business as
a plumbing contractor, within the state, without having been issued a
valid registration as a plumbing contractor from the department.
(2) The department shall prescribe an application form to be used
to apply for a plumbing contractor registration under this chapter, and
shall ensure that the person applying for a plumbing contractor
registration is also a registered general or specialty contractor under
chapter 18.27 RCW before it issues that person a plumbing contractor
registration.
(3) To obtain a plumbing contractor registration, the applicant
must employ a full-time individual who currently possess a valid
plumber's certificate of competency. The plumbing contractor may not
engage in work exceeding the scope of the full-time individual who
possesses a valid certificate of competency.
(4) Regardless of when the plumbing contractor registration is
issued, it becomes suspended, revoked, expired, or renewed at the same
time as the registration issued under chapter 18.27 RCW.
(5) No bond or security, in addition to that required of
contractors under chapter 18.27 RCW, is required of a plumbing
contractor under this chapter.
(6) This section does not apply to:
(a) A person who is contracting for plumbing work on his or her own
residence, unless the plumbing work is on a building that is for rent,
sale, or lease; or
(b) A person who is specifically exempted under RCW 18.27.090 from
contractor registration requirements.
(7) The director shall establish an application fee by rule to
implement this section.
NEW SECTION. Sec. 3 A new section is added to chapter 18.106 RCW
to read as follows:
(1) A certificate, license, endorsement, or registration issued
under this chapter may be suspended, revoked, or subject to civil
penalty by the department upon verification that any one or more of the
following reasons exist:
(a) Any false statement as to a material matter in the application;
(b) Fraud, misrepresentation, or bribery in securing the
certificate, license, endorsement, or registration;
(c) A violation of any provision of this chapter; or
(d) If the plumbing contractor does not employ a full-time
individual who currently possess a valid plumber's certificate of
competency.
(2) If the department has suspended or revoked a certificate,
license, endorsement, or registration because of fraud or error, and a
hearing is requested, the suspension or revocation is stayed until the
hearing is concluded and a decision is issued.
(3) The department must remove a suspension or reinstate a revoked
certificate, license, endorsement, or registration if the licensee pays
all the assessed civil penalties and is able to demonstrate to the
department that the licensee has met all the qualifications established
under this chapter.
Sec. 4 RCW 18.106.020 and 2009 c 36 s 2 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 and photo
identification in his or her possession. The department may establish
by rule a requirement that the person also wear and visibly display his
or her certificate or permit. 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)) contractor is a registered plumbing contractor
under this chapter, has at least one full-time individual who possesses
a valid certificate of competency, and the person performing the
plumbing work 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)(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 and
photo identification in his or her possession. The department may
establish by rule a requirement that the person also wear and visibly
display his or her 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 plumbing 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
plumbing contractor under this chapter and chapter 18.27 RCW.
(4) A violation of this ((section)) chapter is an infraction. Each
day in which a person engages in the trade of plumbing in violation of
this ((section)) chapter or employs a person in violation of this
((section)) chapter is a separate infraction. Each worksite at which
a person engages in the trade of plumbing in violation of this
((section)) chapter or at which a person is employed in violation of
this ((section)) chapter is a separate infraction.
(5) Notices of infractions for violations of this ((section))
chapter may be issued to:
(a) The person engaging in or offering to engage in the trade of
plumbing in violation of this ((section)) chapter;
(b) The plumbing contractor in violation of this ((section))
chapter; ((and))
(c) The plumbing contractor's employee who authorized the work
assignment of the person employed in violation of this ((section))
chapter;
(d) The plumbing contractor or person performing plumbing work on
a building for rent, sale, or lease; and
(e) The plumbing contractor or person installing, altering,
repairing, and renovating medical gas piping systems.
NEW SECTION. Sec. 5 A new section is added to chapter 18.106 RCW
to read as follows:
(1) Individuals or corporations advertising plumbing services to
the public that have multiple violations of this chapter in a thirty-six month period are guilty of false advertising under RCW 9.04.010 and
may be subject to criminal prosecution by the local prosecuting
attorney or the attorney general for a violation of RCW 9.04.010.
Costs of the prosecution must be borne by the individual or corporation
in violation of RCW 9.04.010 if found to be noncompliant.
(2) Advertisements in print, on the internet, or elsewhere offering
plumbing services lacking a current contractor registration number, or
otherwise not in compliance with this chapter, must be removed by the
publisher or web site host upon notice from the licensing authority,
the attorney general, or a local district attorney. Costs of
enforcement must be borne by the noncompliant advertiser.
(3) Plumbing contractors may not file lawsuits or liens for
residential plumbing work performed by unlicensed plumbers.
(4) Plumbing contractors advertising and providing residential
consumer services must provide to the consumer a written invoice
describing the services rendered. The invoice must include the
plumbing contractor's business name, plumbing contractor registration
number, the plumber's first and last name, and type of license
(journeyman plumber, residential plumber, or plumber trainee) including
plumber license number. Trainee work must be clearly stated on the
invoice. Each failure to comply with this subsection is a separate
violation.
(5) Citations for violations of this chapter by individuals or
plumbing contractors must be published monthly on the department's web
site to be made easily accessible to the public.
(6) Any individual or plumbing contractor with multiple violations
of this chapter for residential plumbing services is subject to audit
of payroll, invoicing, and work dispatch records for the purpose of
determining compliance with this chapter for a period of two years from
the date of last citation.
(7) Plumbing contractors shall not use unmarked vehicles. All
service vehicles must show the company name and plumbing contractor
registration number.
Sec. 6 RCW 18.106.100 and 2011 c 301 s 4 are each amended to read
as follows:
(1) The department may revoke or suspend a certificate of
competency for any of the following reasons:
(a) The certificate of competency or plumbing contractor
registration was obtained through error or fraud;
(b) The certificate holder is judged to be incompetent to carry on
the trade of plumbing as a journeyman plumber or specialty plumber;
(c) The certificate holder or plumbing contractor has violated any
provision of this chapter or any rule adopted under this chapter.
(2) Before a certificate of competency or plumbing contractor
registration is revoked or suspended, the department shall send written
notice using a method by which the mailing can be tracked or the
delivery can be confirmed to the certificate holder's or plumbing
contractor's last known address. The notice must list the allegations
against the certificate holder or plumbing contractor and give him or
her the opportunity to request a hearing before the advisory board. At
the hearing, the department and the certificate holder or plumbing
contractor have opportunity to produce witnesses and give testimony.
The hearing must be conducted in accordance with chapter 34.05 RCW.
The 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 board is necessary to render
a decision.
(3) The department may deny renewal of a certificate of competency
or plumbing contractor registration 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 using
a method by which the mailing can be tracked or the delivery can be
confirmed 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.
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 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 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 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 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.
(7) This section does not apply to anyone performing plumbing work
on a building for rent, sale, or lease, or for installing, altering,
repairing, and renovating medical gas piping systems.
Sec. 8 RCW 18.106.180 and 2011 c 301 s 5 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)) and registered as a plumbing contractor as required
under this chapter, or being employed by a person who is registered as
a contractor as required under chapter 18.27 RCW and registered as a
plumbing contractor as required under this chapter;
(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))
and registered as a plumbing contractor as required under this chapter;
((or))
(c) A plumbing contractor is unable to provide the department with
payroll records demonstrating that a full-time individual possessed a
valid plumber's certificate of competency when the work was performed;
or
(d) A plumbing contractor violates RCW 18.106.320.
(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 using a method by which the
mailing can be tracked or the delivery can be confirmed to the last
known address provided to the department of the person named in the
notice.
Sec. 9 RCW 18.106.220 and 1994 c 174 s 6 are each amended to read
as follows:
(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.)) 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 which does not contest
the determination is received by the department with the appropriate
payment, the department shall make the appropriate entry in its
records.
(2)
(((3))) (2) 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))) (3) If any person issued a notice of infraction: (a) Fails
to respond to the notice of infraction as provided in subsection
(((2))) (1) of this section; or (b) fails to appear at a hearing
requested pursuant to subsection (((3))) (2) of this section((;)), 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.
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)) must 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. A contractor or the
contractor's representative found to have committed an infraction under
RCW 18.106.020 must be assessed a minimum monetary penalty of five
hundred dollars for the first infraction, and not more than five
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 not waive, reduce, or suspend
the monetary penalty imposed for the infraction ((for good cause
shown)).
(3) The director may waive or reduce collection of payment for good
cause shown.
(4) Any individual or plumbing contractor who acquires three
infractions within a thirty-six month period may have his or her
certificate, license, endorsement, or registration suspended for a
period of up to two years upon recommendation of the advisory board.
For the purposes of this chapter, multiple violations created by a
single inspection or audit is counted as one violation.
(5) Monetary penalties collected under this chapter shall be
deposited in the plumbing certificate fund.
Sec. 11 RCW 18.106.320 and 2005 c 274 s 229 are each amended to
read as follows:
(1) Plumbing 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
plumbers' names and certificate numbers. However, plumbing contractors
are not required to identify which hours a trainee works with a
specific certified plumber.
(2) The department may audit the records of a plumbing 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 plumbing 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.
Failure to have or maintain payroll and other records for each employee
performing plumbing work for the plumbing contractor is a violation of
this chapter and an infraction may be issued. The department may
assess a penalty of up to five thousand dollars for the failure to
maintain adequate records. Records used to document plumbing work must
be maintained for a minimum of three years. The department shall adopt
rules implementing audit procedures. Information obtained from a
plumbing contractor under the provisions of this section is
confidential and is not open to public inspection under chapter 42.56
RCW.
(3) Violation of this section by a plumbing contractor is an
infraction.