AN ACT Relating to forced air heating, ventilation, and air conditioning; adding a new chapter to Title 18 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. This chapter may be known and cited as the heating, ventilation, and air conditioning act.

NEW SECTION. Sec. 2. The purpose of this chapter is to protect the people of Washington from health, life, financial, and other hazards resulting from irresponsible service methods, unethical practices, and substandard installation, maintenance, and repair of forced air heating, ventilation, and air conditioning systems and equipment.

NEW SECTION. Sec. 3. As used in this chapter:

(1) "Board" means the board of forced air heating, ventilation, and air conditioning;

(2) "Department" means the department of labor and industries;

(3) "Forced air heating, ventilation, and air conditioning work" means construction, installation, alteration, maintenance, and repair of:

(a) All forced air heating systems, complete with forced air appliances, ducts, registers, and appurtenances;

(b) Ventilating systems complete with blowers, ducts, plenum chambers, registers, and appurtenances;

(d) All equipment for air heating, ventilating, and air conditioning systems;

(e) Blower and exhaust appliances and systems; and

(f) Residential and commercial building forced air heating equipment.

Forced air heating, ventilating, and air conditioning work does not include any portable heating, ventilating, or air conditioning equipment which does not become affixed to real property or masonry flues or masonry fireplaces and component parts;

(4) "Master" means a person who has qualified for and been issued a certificate by the board who may plan, estimate, bid for, and contract work as prescribed under this chapter;

(5) "Journeyman mechanic" means a person actively working with the tools of the trade performing work under this chapter; and

(6) "Specialty certificate" means a certificate that entitles the holder to practice in one or more phases of forced air heating, ventilation, and air conditioning work.

NEW SECTION. Sec. 4. (1) There is hereby created the board of forced air heating, ventilation, and air conditioning. The board shall consist of seven members to be appointed by the governor as follows:

(a) Two members shall be master mechanics, and two members shall be journeyman mechanics. Each of these members shall be over eighteen years of age and shall have been a resident of this state for at least one year immediately preceding appointment. After the first board, each of these members shall have been certified as a master or journeyman mechanic, as the case may be, for at least two years immediately preceding appointment;

(b) One member shall be a representative from the department of labor and industries;

(c) One member shall be a member of the general public who has no pecuniary connection with the forced air heating, ventilating, and air conditioning industry; and

(d) One member shall be a representative from the office of the director of fire protection.

(2) Each member shall serve for four years but four of the members of the first board shall serve as follows:

(a) One master mechanic and one journeyman mechanic for two years; and

(b) One master mechanic and one journeyman mechanic for three years.

(3) Each member is entitled to twenty-five dollars for each day served discharging the duties of the board in addition to travel expenses under RCW 43.03.050 and 43.03.060.

(4) A majority of the members of the board shall constitute a quorum for the transaction of business.

(5) The board shall meet as often as is necessary to carry out is duties under this chapter.

NEW SECTION. Sec. 5. The board shall adopt any rules necessary to carry out the provisions of this chapter and shall adopt standards for forced air heating, ventilation, and air conditioning work at least as stringent as the residential heating and air conditioning installation standards of the sheet metal and air conditioning contractors national association, inc.

NEW SECTION. Sec. 6. An applicant for a certificate to engage in forced air heating, ventilation, or air conditioning work shall be examined as to the applicant's qualifications by the department. The department shall examine each applicant for a certificate to determine the qualifications and fitness for performing forced air heating, ventilation, and air conditioning work as a master or journeyman, and if the applicant successfully passes the examination prescribed by the board, then a certificate shall be issued to the applicant authorizing the applicant to engage in forced air heating, ventilation, and air conditioning work as a master or journeyman in the state, subject to the provisions of this chapter.

NEW SECTION. Sec. 7. Persons fulfilling the qualifications for applicants for certificates and actively engaged in forced air heating, ventilation, and air conditioning work before July 1, 1987, shall not be required to take an examination, but shall be issued a certificate by the department upon payment of the proper certification fee before January 1, 1988, and upon posting a bond under this chapter.

NEW SECTION. Sec. 8. (1) The following requirements shall be met by applicants for state certification:

(a) Masters shall furnish evidence of experience in forced air heating, ventilation, and air conditioning work satisfactory to the department, as set by board rule;

(b) Journeyman mechanics shall furnish evidence of experience in forced air heating, ventilation, and air conditioning work which is satisfactory to the department, as set by board rule. This experience requirement may be fulfilled by working in any major phase of the forced air heating, ventilation, and air conditioning business or by completing an apprenticeship program meeting the standards set by the Washington state apprenticeship council or the United States department of labor, bureau of apprenticeship. Credit towards the experience requirement shall be given for time spent attending trade or other schools specializing in training in the forced air heating, ventilation, and air conditioning business which are approved by the board.

(2) The following requirements shall be met for applicants for a state specialty certificate:

(a) Masters shall furnish evidence of experience in the field or fields for which certification is sought, satisfactory to the department, as set by board rule;

(b) The journeyman shall furnish evidence of experience in the field or fields for which certification is sought, satisfactory to the department, as set by board rule;

(c) Persons holding a specialty certificate shall be limited to activities in that field or fields as set forth in the application and accepted by the department in the specialty field; and

(d) The certificate shall be endorsed upon the face of the original and upon the face of each current renewal certificate with the field or fields in which the certificate holder has demonstrated his or her qualifications.

(3) A master may not perform the work of a journeyman unless the master has shown competence as established by board rule. A certified master may employ journeyman mechanics who are certified by the state and registered apprentices in the conduct of the master's business and shall assure that all work performed by these employees is in compliance with the standards adopted by the board.

A journeyman mechanic shall work in the employ of a master certificate holder or a firm with which a master certificate holder is associated.

NEW SECTION. Sec. 9. Every applicant for a master certificate shall pay a seventy-five dollar application fee, and every applicant for a journeyman's certificate shall pay a thirty-five dollar application fee. All certificates and renewals expire one year from the date of issuance. Renewal fees shall be set annually by the board.

NEW SECTION. Sec. 10. No master's certificate shall be issued until the applicant has deposited with the department a good and sufficient bond, in the amount of five thousand dollars, to be approved by the department, or cash in lieu thereof, to insure the faithful performance of the master's duties under this chapter and the rules of the board. Deposit of such bond shall relieve the contractor from responsibility to post a bond as a specialty contractor under the provisions of RCW 18.27.040, provided that such posted bond shall also be subject to the provisions of RCW 18.27.040.

NEW SECTION. Sec. 11. The department shall issue a certificate of a design approved by the board to each certificate holder's place of business, and if the certificate holder is performing services away from the certificate holder's place of business, the certificate holder shall present identification issued by the department showing the certificate number. A certificate under this chapter is not transferrable.

NEW SECTION. Sec. 12. Any certificate holder who performs or any master certificate holder whose associated firm performs forced air heating, ventilation, and air conditioning work in any building below the standards set by the applicable forced air heating, ventilation, and air conditioning standards adopted by the board or who violates any provision of this chapter or rule of the board, may have his or her certificate revoked or suspended by the department. Proceedings for the revocation or suspension of a certificate may be commenced by the department upon its own motion or upon the motion of any person. All complaints must be in writing, verified, and filed with the department. The department may deem the complaint sufficient as received or require further investigation. When a complaint is deemed sufficient by the department, it shall provide for a hearing at a specified time and place, and the department shall cause a true copy of notice of hearing and of the complaint to be served upon the certificate holder at least ten days before the day appointed in the order for hearing. Hearings shall be conducted in accordance with chapter 34.04 RCW.

NEW SECTION. Sec. 13. It shall be unlawful:

(1) For any person or firm to establish a place of business to perform, or to advertise for any work under this chapter without first having obtained a certificate under this chapter;

(2) For any person except a registered apprentice to perform any work covered by this chapter without first having obtained a certificate; and

(3) For equipment to be installed in this state unless evidence of permit fee payment is attached in the manner prescribed by board rule.

NEW SECTION. Sec. 14. Any person or firm convicted of violating section 13 of this act shall be fined not less than twenty dollars and not more than five hundred dollars for each offense. A person engaged in forced air heating, ventilation, or air conditioning work after July 1, 1987, and who applies for a certificate before January 1, 1988, is not in violation of this chapter until the person's application for certification is denied.

NEW SECTION. Sec. 15. All funds generated as a result of application fees, fines, and permit fees shall be utilized to carry out the provisions of this chapter.

NEW SECTION. Sec. 16. The certification provisions of this chapter do not apply or affect work done which meets the standards adopted by the board:

(1) By a homeowner on either the homeowner's family dwelling or outbuildings or by a person doing routine maintenance in the person's place of business or rental housing;

(2) To contractors involved exclusively in steamfitting and/or pipe fitting and/or electrical work;

(3) By railroads, smelters, underground mining operations, mills, or refineries or their employees on their properties or by other businesses doing their own routine maintenance; and

(4) By other trades or crafts in the normal course of their work in accordance with recognized practices.

NEW SECTION. Sec. 17. Sections 1 through 16 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 18. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.