SENATE BILL REPORT

SHB 1117

BYHouse Committee on Commerce & Labor (originally sponsored by Representatives Sayan, Patrick, Wang, Winsley, Baugher, Todd, Allen, R. King, Fisch, Fisher, Cole and Basich)

Requiring state certification of sheet metal workers.

House Committe on Commerce & Labor

Senate Committee on Commerce & Labor

Senate Hearing Date(s):March 30, 1987; April 1, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Warnke, Chairman; Smitherman, Vice Chairman; Anderson, Lee, Sellar, Vognild, West, Williams.

Senate Staff:Mark McDermott (786-7429)

                  April 1, 1987

AS REPORTED BY COMMITTEE ON COMMERCE & LABOR, APRIL 1, 1987

BACKGROUND:

State licensing or certification requirements have been established for trades such as electrical installation, plumbing and construction contracting.  The state does not regulate persons engaged in the sheet metal work trade. 

SUMMARY:

"Sheet metal work" is defined as the craft involved in the manufacture, installation or repair of ferrous or nonferrous metal work, including materials used in the place of metal, and of all air handling systems.

Engaging in the sheet metal work trade is prohibited without a journeyman or specialty certificate of competency, a temporary permit, or being supervised by a person with a certificate of competency.  An employer may not hire a person in the sheet metal work trade who does not have one of the required certificates or permits. Each day of violation and each violation at a work site is a separate infraction.

To be issued a certificate of competency, an applicant must:  a) present evidence to the Department of Labor and Industries of sufficient experience and demonstrated competency in the trade; b) pass a written examination; and c) pay a fee.  To be eligible to take the examination, the applicant must have completed a course of study or have four or more years of practical experience.

The certificate may be renewed every other year.  Temporary permits are allowed for out-of-state sheet metal workers who have applied for a Washington certificate of competency.  Procedures are established for revoking a certificate of competency.

An examination is not required of an applicant who, as of the effective date of the act, was engaged in a bona fide business or trade of sheet metal work.  The Department is authorized to grant certificates without examination to applicants who hold certification from another state under standards substantially equivalent to the requirements of the act.

Training certificates are authorized for persons who are in an apprenticeship program or are learning the sheet metal work trade. The ratio of certified journeymen or specialty sheet metal workers to apprentices and trainees for supervision is specified.

A sheet metal worker advisory board is created with three members: 1)  a journeyman sheet metal worker; (2)  a person conducting a sheet metal business; and (3)  a member of the public who is familiar with the business and trade of sheet metal work.

All costs of administering the act are to be paid through fees charged for certification and examinations.

An exemption is provided for sheet metal work done at the person's residence, farm, or place of business.  Requirements of sheet metal work codes enacted by local governments are not abrogated, so long as no other license or fee is required of persons engaging in the trade.

The Department is authorized to investigate violations and inspect worksites.  Procedures are established for issuing notices of infractions and determining infractions.  Each infraction is subject to a monetary penalty of $100.

The act does not authorize work that is governed by statutes that define and license electrical installations or pipe fitting installations.

SUMMARY OF PROPOSED SENATE AMENDMENT:

A "specialty sheet metal worker" is limited to the fabrication and installation of duct work of single family dwellings, duplexes and apartment buildings that do not exceed three stories.  "Sheet metal work" excludes work on air-veyor and air handling systems and the dismantling, adjustment, alteration, repairing, and servicing of all ferrous or nonferrous metal work and all other materials used in place of metal work.

The specific ratios of noncertified to certified workers on a job site are changed to those ratios in the apprenticeship program.

The definition of approved apprenticeship programs for the purposes of sheet metal work trainees who may apply for training certificates is expanded to include those approved by the Commission on Vocational Education and the United States Department of Labor.

Fiscal Note:      none requested

Senate Committee - Testified: Raymond Cole, Plumbers Union; Jerald Kinsley, Sheet Metal Union; Peter Fluetsch, Sheet Metal Association; Tim Brezicha, Quality Sheet Metal Company; Artie Robereu, Department of Labor and Industries; Larry Stevens, Brian Garvey, Don Boro, Mechanical Contractors; Don Frederick, Sheet Metal Union