AN ACT Relating to fire and life safety equipment in chapter 19.28 RCW; amending RCW 19.28.005, 19.28.060, 19.28.070, 19.28.120, 19.28.123, 19.28.125, 19.28.210, 19.28.300, 19.28.350, 19.28.370, 19.28.510, 19.28.530, 19.28.540, 19.28.550, 19.28.570, 19.28.580, 19.28.610, and 19.28.620; adding new sections to chapter 19.28 RCW; making an appropriation; and providing an effective date.

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

Sec. 1. Section 1, chapter 206, Laws of 1983 as last amended by section 1, chapter 81, Laws of 1988 and RCW 19.28.005 are each amended to read as follows:

The definitions in this section apply throughout this chapter.

(1) "Administrator" means a person designated by an electrical contractor to supervise electrical work and electricians in accordance with ((~~the~~)) this chapter and rules adopted under this chapter.

(2) "Board" means the electrical board under RCW 19.28.065.

(3) "Chapter" means chapter 19.28 RCW.

(4) "Department" means the department of labor and industries.

(5) "Director" means the director of the department or the director's designee.

(6) "Electrical construction trade" includes but is not limited to installing or maintaining electrical wires and equipment that are used for light, heat, or power and installing and maintaining remote control, signaling, power limited, or communication circuits or systems.

(7) "Electrical contractor" means a person, firm, partnership, corporation, or other entity that offers to undertake, undertakes, submits a bid for, or does the work of installing or maintaining wires or equipment that convey electrical current.

(8) "Equipment" ((~~means any equipment or apparatus that directly uses, conducts, or is operated by electricity~~)) is a general term including material, conductors, conduit, raceways, enclosures, fittings, devices, appliances, fixtures, apparatus, and the like used as a part of or in connection with, electrical installations, alterations, or maintenance, but does not mean plug-in household appliances.

(9) "Utilization equipment" is equipment that utilizes or is operated by electric energy for mechanical, chemical, heating, lighting, or similar purposes.

(10) "Journeyman electrician" means a person who has been issued a journeyman electrician certificate of competency by the department.

((~~(10)~~)) (11) "((~~Specialty~~)) Limited electrician" means a person who has been issued a ((~~specialty~~)) limited electrician certificate of competency by the department.

Sec. 2. Section 1, chapter 169, Laws of 1935 as last amended by section 2, chapter 156, Laws of 1986 and by section 1, chapter 263, Laws of 1986 and RCW 19.28.010 are each reenacted and amended to read as follows:

(1) All wires and equipment, and installations thereof, that convey electric current and installations of equipment to be operated by electric current, in, on, or about buildings or structures, except for telephone, telegraph, radio, and television wires and equipment, and television antenna installations, signal strength amplifiers, and coaxial installations pertaining thereto shall be in strict conformity with this chapter, the statutes of the state of Washington, and the rules issued by the department, and shall be in conformity with approved methods of construction for safety to life and property. All wires and equipment that fall within section 90.2(b)(5) of the National Electrical Code, 1981 edition, are exempt from the requirements of this chapter. The regulations and articles in the National Electrical Code, as adopted by the National Fire Protection Association and as approved by the American National Standards ((~~Association~~)) Institute, and in the national electrical safety code, as approved by the American National Standards ((~~Association~~)) Institute, and other installation and safety regulations approved by the American National Standards ((~~Association~~)) Institute, as modified or supplemented by rules issued by the department in furtherance of safety to life and property under authority hereby granted, shall be prima facie evidence of the approved methods of construction. All materials, devices, appliances, and equipment used in such installations shall be of a type that conforms to applicable standards ((~~or be~~)) as indicated ((~~as acceptable~~)) by the ((~~established~~)) approved and published standards of the ((~~Underwriters' Laboratories, Inc. or other~~)) American National Standards Institute or electrical product testing laboratories ((~~which are accredited by the department~~)) that publish nationally recognized electrical equipment safety standards that are approved by the department.

(2) This chapter shall not limit the authority or power of any city or town to enact and enforce under authority given by law, any ordinance, rule, or regulation requiring an equal, higher, or better standard of construction and an equal, higher, or better standard of materials, devices, appliances, and equipment than that required by this chapter: PROVIDED, That such city or town shall require that its electrical inspectors meet the qualifications provided for state electrical inspectors in accordance with RCW 19.28.070. In a city or town having an equal, higher, or better standard the installations, materials, devices, appliances, and equipment shall be in accordance with the ordinance, rule, or regulation of the city or town.

(3) Electrical equipment associated with spas, hot tubs, swimming pools, and hydromassage bathtubs shall not be offered for sale or exchange unless the electrical equipment is certified as being in compliance with the applicable product safety standard by bearing the certification mark of an approved electrical products testing laboratory.

((~~(3)~~)) (4) Nothing in this chapter may be construed as permitting the connection of any conductor of any electric circuit with a pipe that is connected with or designed to be connected with a waterworks piping system, without the consent of the person or persons legally responsible for the operation and maintenance of the waterworks piping system.

Sec. 3. Section 10, chapter 169, Laws of 1935 as last amended by section 3, chapter 81, Laws of 1988 and RCW 19.28.060 are each amended to read as follows:

((~~Prior to January 1st of each year~~)) On a regular basis, the director shall obtain ((~~an authentic copy~~)) the most recent edition of the national electrical code as approved by the American National Standards ((~~Association~~)) Institute, and an authentic copy of any applicable ((~~regulations and~~)) electrical equipment and utilization equipment safety standards of the ((~~Underwriters' Laboratories, Inc.~~)) American National Standards Institute, or ((~~other~~)) electrical product testing laboratory ((~~which is accredited~~)) that publishes nationally recognized electrical equipment safety standards that are approved by the department, prescribing ((~~rules, regulations, and~~)) standards for electrical materials, devices, appliances, equipment, and utilization equipment, including any modifications and changes that have been made during the previous year in the ((~~rules, regulations, and~~)) standards. The ((~~department~~)) director shall make specific decisions, orders, and rulings, including demands and findings, and take other necessary action for the implementation and enforcement of this chapter, and shall, after consulting with the board and receiving the board's recommendations, ((~~shall~~)) adopt reasonable rules in furtherance of safety to life and property. All rules shall be kept on file by the department. Compliance with the rules shall be prima facie evidence of compliance with this chapter. The department upon request shall deliver to all persons, firms, partnerships, corporations, or other entities licensed under this chapter a copy of the rules. 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.

Sec. 4. Section 3, chapter 169, Laws of 1935 as last amended by section 4, chapter 156, Laws of 1986 and RCW 19.28.070 are each amended to read as follows:

(1) The director of labor and industries of the state of Washington and the officials of all incorporated cities and towns where electrical inspections are required by local ordinances shall have power and it shall be their duty to enforce the provisions of this chapter that are not exclusive to the department in their respective jurisdictions. The director of labor and industries shall have power to appoint an electrical inspector, and such assistant inspectors as ((he)) the director shall deem necessary to assist ((~~him~~)) in the performance of ((~~his~~)) duties contained in this chapter. All electrical inspectors appointed by the director of labor and industries shall have not less than four years experience as journeyman electricians in installing and maintaining electrical equipment, or two years electrical training in a college of electrical engineering of recognized standing and four years continuous practical electrical experience in installation work, or four years of electrical training in a college of electrical engineering of recognized standing and two years continuous practical electrical experience in electrical installation work. In addition, all electrical inspectors who inspect fire alarm systems shall possess a certificate of competency for inspection and operation of fire alarm systems. The certificate shall be obtained prior to inspecting or certifying fire alarm systems and shall be renewed every three years. The certificate shall be obtained only by passing an examination which may be administered by the department or by a professional testing agency. Such state inspectors shall be paid such salary as the director of labor and industries shall determine, together with their travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. The expenses of the director of labor and industries and the salaries and expenses of state inspectors incurred in carrying out the provisions of this chapter shall be paid entirely out of the electrical license fund, upon vouchers approved by the director of labor and industries.

(2) All electrical inspectors shall pass a certification examination approved by the department within one year of beginning permanent employment to continue as an electrical inspector. Inspectors who pass the examination shall be issued a certification certificate that shall be renewed in accordance with rules established by the department. Electrical inspectors that are employed on the effective date of this act shall be allowed one year to pass a certification examination approved by the department to continue to be employed as an electrical inspector.

(3) Effective July 1, 1991, all electrical inspectors shall satisfactorily complete twenty-four hours in each three-year period of continuing education in courses relating to electrical installations, alterations, or maintenance that have been approved by the board to continue employment as an electrical inspector.

Sec. 5. Section 1, chapter 30, Laws of 1969 as last amended by section 5, chapter 156, Laws of 1986 and RCW 19.28.120 are each amended to read as follows:

(1) 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 which expire each month.)) Application for an electrical contractor license shall be made in writing to the department, in a form prescribed by the department, and be accompanied by the required fee. The application shall state 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; the location of the place of business of the applicant and the name under which the business is conducted; and whether ((~~a general or specialty~~)) an unlimited or limited electrical contractor license is sought and, if the latter, the type of ((~~specialty~~)) limited license. Electrical contractor ((~~specialties~~)) limited licenses include, but are not limited to: Residential, domestic appliances, pump and irrigation, limited energy system, signs, nonresidential maintenance, and a combination ((~~specialty~~)) license. ((~~A general~~)) An unlimited 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~~)) limited 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 application for a 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(2) 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(2). 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~~)) contractor the interest derived from the account.

(3) The department shall issue ((~~general or specialty~~)) unlimited or limited 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~~)) limited 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.

(4) The application for a contractor license shall be accompanied by an administrator designation. To obtain ((~~a general or specialty~~)) an unlimited or limited electrical contractor license the applicant must designate an individual who currently possesses an administrator's certificate as ((~~a general~~)) an unlimited electrical contractor administrator or as a ((~~specialty~~)) limited electrical contractor administrator in the ((~~specialty~~)) classification for which application has been made. Administrator certificate ((~~specialties~~)) limited classifications include but are not limited to: Residential, domestic, appliance, pump and irrigation, limited energy system, signs, nonresidential maintenance, and combination specialty. To obtain an administrator's certificate an individual must pass an examination as set forth in RCW 19.28.123 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~~)) an unlimited or limited electrical contractor administrator's certificate.

Sec. 6. Section 2, chapter 188, Laws of 1974 ex. sess. as last amended by section 5, chapter 81, Laws of 1988 and RCW 19.28.123 are each amended to read as follows:

It shall be the purpose and function of the board to establish, in addition to ((~~a general~~)) an unlimited electrical contractors' license, such classifications of ((~~specialty~~)) limited electrical contractors' licenses, administrator certificates, or electrician certificates as it deems appropriate with regard to individual sections pertaining to state adopted codes in chapter 19.28 RCW. If a new classification of electrical contractor, administrator, or electrician is established, the department upon approval of the board shall set terms by rule for qualifying those persons or firms impacted by the new classification. In addition, it shall be the purpose and function of the board to establish and administer written examinations for ((~~general electrical contractors'~~)) unlimited administrator qualifying certificates and the various ((~~specialty electrical contractors'~~)) limited administrator qualifying certificates. Examinations shall be designed to reasonably ((~~insure~~)) ensure that ((~~general and specialty electrical contractor's qualifying~~)) administrator certificate holders are competent to engage in and supervise the work covered by this statute and their respective licenses. The examinations shall include questions from at least the following categories to assure proper safety and protection for the general public: (1) National Electrical Code, (2) safety, ((~~(2)~~)) (3) state electrical code, and ((~~(3)~~)) (4) electrical theory. The department with the consent of the board shall be permitted to enter into a contract with a professional testing agency to develop, administer, and score these examinations. It shall be the further purpose and function of this board to advise the director as to the need of additional electrical inspectors and compliance officers to be utilized by the director on either a full-time or part-time employment basis and to carry out the duties enumerated in ((~~RCW 19.28.510 through 19.28.620~~)) this chapter as well as generally advise the department on all matters relative to ((~~RCW 19.28.510 through 19.28.620~~)) this chapter.

Sec. 7. Section 4, chapter 188, Laws of 1974 ex. sess. as last amended by section 6, chapter 81, Laws of 1988 and RCW 19.28.125 are each amended to read as follows:

(1) ((~~Each applicant for an electrical contractor's license, other than an individual, shall designate a supervisory employee or member of the firm to take the required administrator's examination.~~)) Effective July 1, 1987, a supervisory employee designated as the administrator shall be a full-time supervisory employee. This person shall be designated as administrator under the license. No person may qualify as administrator for more than one contractor. If the relationship of the administrator with the electrical contractor is terminated, the contractor's license is ((~~void within~~)) suspended ninety days later unless another administrator is ((~~qualified by the board~~)) assigned to the license. However, if the administrator dies, the contractor's license is ((~~void within~~)) suspended one hundred eighty days later unless another administrator is ((~~qualified by the board~~)) assigned to the license. A certificate issued under this section is valid for two years from the nearest birthdate of the administrator, unless revoked or suspended, and further 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. An individual holding more than one administrator's certificate under this chapter shall not be required to pay annual fees for more than one certificate. A person may take the administrator's test as many times as necessary without limit.

(2) The administrator shall:

(a) Be a member of the firm who fulfills the duties of a supervisory employee, or be 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 electrical work complies with the electrical installation laws and rules of the state;

(d) Ensure that all electrical labels, permits, and licenses required to perform electrical work are used;

(e) See that corrective notices issued by an inspecting authority are complied with; and

(f) Notify the department in writing within ten days if the administrator terminates the relationship with the electrical contractor.

(3) The department shall not by rule change the administrator's duties under subsection (2) of this section.

Sec. 8. Section 8, chapter 169, Laws of 1935 as last amended by section 1, chapter 344, Laws of 1989 and RCW 19.28.210 are each amended to read as follows:

(1) The director shall cause an inspector to inspect all wiring, appliances, devices, and equipment to which this chapter applies. Nothing contained in this chapter may be construed as providing any authority for any subdivision of government to adopt by ordinance any provisions contained or provided for in this chapter except those pertaining to cities and towns pursuant to RCW 19.28.010(2).

(2) Upon request, electrical inspections will be made by the department within forty-eight hours, excluding holidays, Saturdays, and Sundays. If, upon written request, the electrical inspector fails to make an electrical inspection within twenty-four hours, the serving utility may immediately connect electrical power to the installation if the necessary electrical work permit is displayed: PROVIDED, That if the request is for an electrical inspection that relates to a mobile home installation, the applicant shall provide proof of a current building permit issued by the local government agency authorized to issue such permits as a prerequisite for inspection approval or connection of electrical power to the mobile home.

(3) Whenever the installation of any wiring, device, appliance, or equipment is not in accordance with this chapter, or is in such a condition as to be dangerous to life or property, the person, firm, partnership, corporation, or other entity owning, using, or operating it shall be notified by the department and shall within fifteen days, or such further reasonable time as may upon request be granted, make such repairs and changes as are required to remove the danger to life or property and to make it conform to this chapter. The director, through the inspector, is hereby empowered to disconnect or order the discontinuance of electrical service to conductors or equipment that are found to be in a dangerous or unsafe condition and not in accordance with this chapter. Upon making a disconnection the inspector shall attach a notice stating that the conductors have been found dangerous to life or property and are not in accordance with this chapter. It is unlawful for any person to reconnect such defective conductors or equipment without the approval of the department, and until the conductors and equipment have been placed in a safe and secure condition, and in a condition that complies with this chapter.

(4) The director, through the electrical inspector, has the right during reasonable hours to enter into and upon any building or premises in the discharge of his or her official duties for the purpose of making any inspection or test of the installation of new construction or altered electrical wiring, electrical devices, equipment, or material contained in or on the buildings or premises. No electrical wiring or equipment subject to this chapter may be concealed until it has been approved by the inspector making the inspection.

(5) Persons, firms, partnerships, corporations, or other entities making electrical installations shall obtain inspection and approval from an authorized representative of the department as required by this chapter before energizing or requesting the electric utility to connect to the installations or alterations. Electric utilities may connect to the installations if approval from the department is clearly indicated by certification of the electrical work permit required to be affixed to each installation or by equivalent means, except that increased or relocated services may be reconnected immediately at the discretion of the utility before approval if an electrical work permit is displayed. ((~~The~~)) Permits shall be furnished upon payment of the fee to the department. Permits shall be obtained prior to beginning the electrical installation or alteration except for emergency repairs in which case the permit shall be obtained no later than the next business day.

(6) The director, subject to the recommendations and approval of the board, shall set by rule a schedule of license and electrical work permit fees that will cover the costs of administration and enforcement of this chapter. The rules shall be adopted in accordance with the administrative procedure act, chapter 34.05 RCW. No fee may be charged for plug-in mobile homes, recreational vehicles, or portable appliances.

(7) Beginning July 1, 1991, all electrical fire alarm systems, equipment, devices, or wiring that are required by an authority having jurisdiction shall receive, prior to being placed into service or after any modifications are made to the system, equipment, devices, or wiring, a certificate of approval after a final inspection by an electrical inspector who has a fire alarm inspection certificate of competency. The authority having jurisdiction shall be notified by the electrical inspector of any fire alarm system that is found to be inoperative or that in the judgment of the inspector does not comply with applicable safety standards that have been adopted, with manufacturer's instructions, or with testing laboratory product standards.

Sec. 9. Section 13, chapter 169, Laws of 1935 as last amended by section 9, chapter 81, Laws of 1988 and RCW 19.28.300 are each amended to read as follows:

Any person, firm, partnership, corporation, or other entity desiring a decision of the board pursuant to RCW 19.28.260 shall, in writing, notify the ((~~director~~)) secretary of the board of such desire and shall accompany the notice with a certified check payable to the department in the sum of two hundred dollars. The notice shall specify the ruling or interpretation desired and the contention of the person, firm, partnership, corporation, or other entity as to the proper interpretation or application on the question on which a decision is desired. If the board determines that the contention of the applicant for a decision was proper, the two hundred dollars shall be returned to the applicant; otherwise it shall be used in paying the expenses and per diem of the members of the board in connection with the matter. Any portion of the two hundred dollars not used in paying the per diem and expenses of the board in the case shall be paid into the electrical license fund.

Sec. 10. Section 14, chapter 169, Laws of 1935 as last amended by section 12, chapter 81, Laws of 1988 and RCW 19.28.350 are each amended to read as follows:

Any person, firm, partnership, corporation, or other entity violating any of the provisions of RCW 19.28.010 through 19.28.360 shall be assessed a penalty of not less than fifty dollars or more than ten thousand dollars. The department shall set by rule a schedule of penalties for violating RCW 19.28.010 through 19.28.360. The department shall notify the person, firm, partnership, corporation, or other entity violating any of the provisions of RCW 19.28.010 through 19.28.360 of the amount of the penalty and of the specific violation by certified mail, return receipt requested, or other equivalent means, sent or delivered to the last known address of the assessed party. Any penalty is subject to review by an appeal to the board. The filing of an appeal stays the effect of the penalty until the board makes its decision. The appeal shall be filed within fifteen days after notice of the penalty is ((~~given to the assessed party by certified mail, return receipt requested, sent to the last known address of~~)) received by the assessed party and shall be made by filing a written notice of appeal with the department. The notice shall be accompanied by a certified check for two hundred dollars, which shall be returned to the assessed party if the decision of the department is not sustained by the board. If the board sustains the decision of the department, the two hundred dollars shall be applied by the department to the payment of the per diem and expenses of the members of the board incurred in the matter, and any balance remaining after payment of per diem and expenses shall be paid into the electrical license fund. The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW. The board shall assign its hearings under this section to ((~~an administrative law judge~~)) the office of administrative hearings to conduct the hearing and issue a proposed decision and order. The board shall be allowed a minimum of twenty days to review a proposed decision and shall issue its decision no later than the next regularly scheduled board meeting.

Sec. 11. Section 4, chapter 325, Laws of 1959 as amended by section 17, chapter 30, Laws of 1980 and RCW 19.28.370 are each amended to read as follows:

The provisions of RCW 19.28.010 through ((~~19.28.380~~)) 19.28.360 shall not apply to the work of installing, maintaining or repairing any and all electrical wires, apparatus, installations or equipment used or to be used by a telegraph company or a telephone company in the exercise of its functions and located outdoors or in a building or buildings used exclusively for that purpose.

Sec. 12. Section 2, chapter 30, Laws of 1980 as amended by section 13, chapter 206, Laws of 1983 and RCW 19.28.510 are each amended to read as follows:

(1) No person may engage in the electrical construction trade without having a current journeyman electrician certificate of competency or a current ((~~specialty~~)) limited electrician certificate of competency issued by the department in accordance with this chapter. Journeymen and limited electricians shall have their certificate on their person at all times they are performing electrical work and shall show their certificate to an agent authorized under this chapter at the agent's request. Limited electrician certificate of competency ((~~specialties~~)) classifications include, but are not limited to: Residential, domestic appliances, pump and irrigation, limited energy system, signs, and nonresidential maintenance.

(2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the electrical construction trade or who is learning the electrical construction trade may work in the electrical construction trade only if supervised by a certified journeyman electrician or a certified ((~~specialty~~)) limited electrician in that electrician's ((~~specialty~~)) limited classification. All apprentices and individuals learning the electrical construction trade shall obtain an electrical training certificate from the department. The certificate shall authorize the holder to learn the electrical construction trade while under the direct supervision of a journeyman electrician or a ((~~specialty~~)) limited electrician working in his or her ((~~specialty~~)) limited classification.

(3) The department shall issue individual training certificates for each year of training. The holder of the electrical training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the electrical construction industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the electrical construction trade shall have their electrical training certificates ((in)) on their ((~~possession~~)) person at all times that they are performing electrical work. They shall show their certificates to an agent authorized ((~~representative of the department~~)) under this chapter at the ((~~representative's~~)) agent's request.

((~~(3)~~)) (4) Any person who has been issued an electrical training certificate under this chapter may work only if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a journeyman electrician or an appropriate ((~~specialty~~)) limited electrician who has an applicable certificate of competency issued under this chapter. Either a journeyman electrician or an appropriate ((~~specialty~~)) limited electrician shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified journeymen or specialty electricians working on a job site shall be:

(a) ((~~From September 1, 1979, through December 31, 1982, not more than three noncertified electricians working on any one job site for every certified journeyman or specialty electrician;~~

~~(b) Effective January 1, 1983,~~)) Not more than two noncertified individuals working on any one job site for every ((~~specialty~~)) limited electrician or journeyman electrician working as a ((~~specialty~~)) limited electrician;

((~~(c) Effective January 1, 1983,~~))

(b) Not more than ((~~than~~)) one noncertified individual working on any one job site for every certified journeyman electrician.

The ratio requirements do not apply to a trade school program in the electrical construction trade established during 1946.

An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a four-year technical school program in the electrical construction trade in a technical school approved by ((~~the commission for vocational education~~)) a state agency authorized to review and approve such technical school programs, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.

(4) To be eligible to install, service, maintain, repair, or modify an electrical fire alarm system, equipment, device, or wiring, an electrician shall have obtained from the department, in addition to an appropriate electrician certificate of competency, a fire alarm system endorsement. The fire alarm system endorsement shall be obtained only upon passing an examination in accordance with RCW 19.28.540. To be eligible to take an examination for a fire alarm system endorsement, an applicant must furnish evidence on a form acceptable to the department of having successfully completed a training course in fire alarm systems which has been approved by the board. The holder of a fire alarm system endorsement shall satisfactorily complete an eight-hour refresher course in fire alarm systems every two years to maintain the endorsement.

Sec. 13. Section 4, chapter 30, Laws of 1980 as last amended by section 13, chapter 81, Laws of 1988 and RCW 19.28.530 are each amended to read as follows:

(1) Upon receipt of the application, the department shall review the application and determine whether the applicant is eligible to take an examination for the journeyman or ((~~specialty~~)) limited certificate of competency. To be eligible to take the examination for a journeyman certificate the applicant must have worked in the electrical construction trade for a minimum of four years employed full time, of which two years shall be in industrial or commercial electrical installation under the supervision of a journeyman electrician certified under this chapter and not more than a total of two years in all ((~~specialties~~)) limited categories under the supervision of a journeyman electrician certified under this chapter or an appropriate ((~~specialty~~)) limited electrician certified under this chapter or have successfully completed an apprenticeship program approved under chapter 49.04 RCW for the electrical construction trade. To be eligible to take the examination to become a ((~~specialty~~)) limited electrician the applicant shall have worked in that ((~~specialty~~)) classification of the electrical construction trade, under the supervision of a journeyman electrician certified under this chapter or an appropriate ((~~specialty~~)) limited electrician certified under this chapter, for a minimum of two years employed full time, or have successfully completed an approved apprenticeship program under chapter 49.04 RCW for the applicant's ((~~specialty~~)) limited classification in the electrical construction trade. ((Before January 1, 1984, applicants for nonresidential maintenance specialty licenses are eligible to become nonresidential maintenance specialists upon certification to the department that they have the equivalent of two years full-time experience in that specialty field. Persons applying before January 1, 1984, for a journeyman certificate are eligible to take the examination to become journeymen until July 1, 1984, upon certification to the department that they have the equivalent of five years full-time experience in nonresidential maintenance, of which two years shall be in industrial electrical installation.)) Any applicant who has successfully completed a two-year technical school program in the electrical construction trade in a school that is approved by ((~~the commission for vocational education~~)) a state agency that has authority for reviewing and approving technical school programs in the electrical construction trade may substitute up to two years of the technical school program for two years of work experience under a journeyman electrician. The applicant shall obtain the additional two years of work experience required in industrial or commercial electrical installation prior to the beginning, or after the completion, of the technical school program. Any applicant who has ((~~received training~~)) completed an apprenticeship in the electrical construction trade or has experience equivalent to that required for journeyman electricians or limited electricians in the electrical construction trade in the armed service of the United States may be eligible to take the appropriate examination for ((~~the~~)) a certificate of competency. Any applicant who is a graduate of a trade school program in the electrical construction trade that was established during 1946 is eligible to take the examination for the certificate of competency. No other requirement for eligibility may be imposed.

(2) The department shall establish reasonable rules for the examinations to be given applicants for certificates of competency. In establishing the rules, the department shall consult with the board. Upon determination that the applicant is eligible to take the examination, the department shall so notify the applicant, indicating the time and place for taking the examination.

Sec. 14. Section 5, chapter 30, Laws of 1980 as last amended by section 14, chapter 81, Laws of 1988 and RCW 19.28.540 are each amended to read as follows:

The department, in coordination with the board, shall prepare an examination to be administered to applicants for journeyman and ((~~specialty~~)) limited certificates of competency. The examination shall be constructed to determine:

(1) Whether the applicant possesses varied general knowledge of the technical information and practical procedures that are identified with the status of journeyman electrician or ((~~specialty~~)) limited electrician; and

(2) Whether the applicant is sufficiently familiar with the applicable electrical codes and the rules of the department pertaining to electrical installations and electricians.

The department shall, at least four times annually, administer the examination to persons eligible to take it under RCW 19.28.530. A person may take the journeyman or ((~~specialty~~)) limited test as many times as necessary without limit. All applicants shall, before taking the examination, pay to the department an examination fee. The department shall set the fee by rule. The fee shall cover but not exceed the costs of preparing and administering the examination.

The department shall certify the results of the examination upon such terms and after such a period of time as the department, in cooperation with the board, deems necessary and proper.

(3) The department upon the consent of the board may enter into a contract with a professional testing agency to develop, administer, and score journeyman and/or ((~~speciality~~)) limited electrician certification examinations.

Sec. 15. Section 6, chapter 30, Laws of 1980 as last amended by section 14, chapter 156, Laws of 1986 and RCW 19.28.550 are each amended to read as follows:

The department shall issue a certificate of competency to all applicants who have passed the examination provided in RCW 19.28.540, and who have complied with RCW 19.28.510 through 19.28.620 and the rules adopted under this chapter. The certificate shall bear the date of issuance, and shall expire on the holder's birthdate ((~~two~~)) at least one year and not more than three years immediately following the date of issuance. The certificate shall be renewed every two years, upon application, on or before the holder's birthdate. A fee shall be assessed for each certificate and for each annual renewal. The certificate may be renewed 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. The department shall set the fees by rule for issuance and renewal of a certificate of competency. The fees shall cover but not exceed the costs of issuing the certificates and of administering and enforcing the electrician certification requirements of this chapter.

The certificates of competency and temporary permits provided for in this chapter grant the holder the right to work in the electrical construction trade as a journeyman electrician or ((~~specialty~~)) limited electrician in accordance with their provisions throughout the state and within any of its political subdivisions without additional proof of competency or any other license, permit, or fee to engage in such work.

Sec. 16. Section 8, chapter 30, Laws of 1980 as last amended by section 15, chapter 156, Laws of 1986 and RCW 19.28.570 are each amended to read as follows:

(1) The department is authorized to enter into reciprocal agreements with other states providing for the acceptance of such states' journeyman and limited electrician certificate of competency or its equivalent when such states' requirements are equal to the standards set by this chapter.

(2) The department is authorized to grant and issue temporary permits in lieu of certificates of competency whenever an electrician coming into the state of Washington from another state who has proven competency by passing an appropriate examination and provides satisfactory evidence that he or she is currently practicing the electrical construction trade requests the department for a temporary permit to engage in the electrical construction trade as an electrician during the period of time between filing of an application for a certificate as provided in RCW 19.28.520 and the date the results of taking the examination provided for in RCW 19.28.540 are furnished to the applicant. ((The department is authorized to enter into reciprocal agreements with other states providing for the acceptance of such states' journeyman and speciality electrician certificate of competency or its equivalent when such states requirements are equal to the standards set by this chapter.)) No temporary permit shall be issued to:

((~~(1)~~)) (a) Any person who has failed to pass the examination for a certificate of competency((, except that any person who has failed the examination for competency under this section shall be entitled to continue to work under a temporary permit for ninety days if the person is enrolled in a journeyman electrician refresher course and shows evidence to the department that he or she has not missed any classes)). The person((~~, after completing the journeyman electrician refresher course,~~)) shall be eligible to retake the examination for competency at the next scheduled time.

((~~(2)~~)) (b) Any applicant under this section who has not furnished the department with such evidence required under RCW 19.28.520.

((~~(3)~~)) (c) To any apprentice or trainee electrician.

Sec. 17. Section 9, chapter 30, Laws of 1980 as last amended by section 15, chapter 81, Laws of 1988 and RCW 19.28.580 are each amended to read as follows:

(1) The department may revoke or suspend for such a period as it determines any certificate of competency upon the following grounds:

(a) The certificate was obtained through error or fraud;

(b) The holder thereof is judged to be incompetent to work in the electrical construction trade as a journeyman electrician or ((~~specialty~~)) limited electrician;

(c) The holder thereof has violated any of the provisions of ((~~RCW 19.28.510 through 19.28.620~~)) this chapter or any rule adopted under this chapter.

(2) Before any certificate of competency shall be revoked or suspended, the holder shall be given written notice of the department's intention to do so, mailed by ((~~registered~~)) certified mail, return receipt requested or other equivalent means, sent or delivered, to the holder's last known address. The notice shall enumerate the allegations against the holder, and shall give the holder the opportunity to ((~~request a hearing before~~)) appeal the action to the board. At the hearing, the department and the holder may produce witnesses and give testimony. The appeal shall be made and hearing ((~~shall be~~)) conducted as provided for in RCW 19.28.350 and 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 shall be necessary to render a decision.))

Sec. 18. Section 12, chapter 30, Laws of 1980 as last amended by section 16, chapter 156, Laws of 1986 and RCW 19.28.610 are each amended to read as follows:

Nothing in RCW 19.28.510 through 19.28.620 shall be construed to require that a person obtain a license or a certified electrician in order to do electrical work at his or her residence or farm or place of business or on other property owned by him: PROVIDED, HOWEVER, That nothing in RCW 19.28.510 through 19.28.620 shall be intended to derogate from or dispense with the requirements of any valid electrical code enacted by a city or town pursuant to RCW 19.28.010(2), 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 electrical construction trade: AND PROVIDED FURTHER, That RCW 19.28.510 through 19.28.620 shall not apply to common carriers subject to Part I of the Interstate Commerce Act, nor to their officers and employees: AND PROVIDED FURTHER, That nothing in RCW 19.28.510 through 19.28.620 shall be deemed to apply to the installation or maintenance of telephone, telegraph, radio, or television wires and equipment; nor to any electrical utility or its employees, in the installations and maintenance of electrical wiring, circuits, and equipment by or for the utility, or comprising a part of its plants, lines or systems. The licensing provisions of RCW 19.28.510 through 19.28.620 shall not apply to persons making electrical installations on their own property or to regularly employed employees working on the premises ((of)) that is owned and occupied by their employer((~~: AND PROVIDED FURTHER,That~~)). Nothing in RCW 19.28.510 through 19.28.620 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 the electrical installation hold themselves out as engaged in the trade or business of electrical installations. Nothing precludes any person who is exempt from the licensing requirements of this chapter under this section from obtaining a journeyman or ((~~specialty~~)) limited certificate of competency if they otherwise meet the requirements of this chapter.

Sec. 19. Section 13, chapter 30, Laws of 1980 as last amended by section 16, chapter 81, Laws of 1988 and RCW 19.28.620 are each amended to read as follows:

(1) It is unlawful for any person, firm, partnership, corporation, or other entity to employ an individual for purposes of RCW 19.28.510 through 19.28.620 who ((~~has~~)) is not ((~~been issued a certificate of competency or a training certificate~~)) in compliance with this chapter. It is unlawful for any individual to engage in the electrical construction trade or to maintain or install any electrical equipment or conductors without having in his or her possession a certificate of competency or a training certificate under RCW 19.28.510 through 19.28.620. Any person, firm, partnership, corporation, or other entity found in violation of RCW 19.28.510 through 19.28.620 shall be assessed a penalty of not less than fifty dollars or more than five hundred dollars. The department shall set by rule a schedule of penalties for violating RCW 19.28.510 through 19.28.620. An appeal may be made to the board as is provided in RCW 19.28.350. The appeal shall be filed within fifteen days after the notice of the penalty is given to the assessed party by certified mail, return receipt requested or by other equivalent means, sent or delivered to the last known address of the assessed party and shall be made by filing a written notice of appeal with the department. Any equipment maintained or installed by any person who does not possess a certificate of competency under RCW 19.28.510 through 19.28.620 shall not receive an electrical work permit and electrical service shall not be connected or maintained to operate the equipment. Each day that a person, firm, partnership, corporation, or other entity violates the provisions of RCW 19.28.510 through 19.28.620 is a separate violation.

(2) A civil penalty shall be collected in a civil action brought by the attorney general in the county wherein the alleged violation arose at the request of the department if any of the provisions of RCW 19.28.510 through 19.28.620 or any rules promulgated under RCW 19.28.510 through 19.28.620 are violated.

NEW SECTION. Sec. 20. A new section is added to chapter 19.28 RCW to read as follows:

There is established the fire and life safety systems advisory technical committee to be made up of five members approved by the director. Members shall include one representative of building owners, one person from the fire and safety industry, one person from the public fire service sector, one contractor licensed under this chapter, and one licensed electrician. The committee shall advise the board on the adoption of rules, certification training courses, and minimum qualifications of certification course instructors. The committee shall not be compensated nor shall its members receive travel expenses.

NEW SECTION. Sec. 21. A new section is added to chapter 19.28 RCW to read as follows:

The department shall establish by rule minimum schedules for testing and maintaining electrical fire protection systems and require certification that such tests have been performed and the fire protection system is fully functional in accordance with equipment manufacturer's instructions. A record of each modification, alteration, maintenance, and test shall be accurately and legibly recorded in a manner, on a form, and at a location acceptable to the department. A copy shall be furnished to the local fire protection authority having jurisdiction. Political subdivisions may enforce this section and rules adopted under this section. Fees for such enforcement by a political subdivision shall not exceed those of the department.

Certification training courses and course instructors shall be approved by the board.

NEW SECTION. Sec. 22. There is appropriated from the electrical license fund to the department of labor and industries for the biennium ending June 30, 1991, the sum of .......... dollars, or as much thereof as may be necessary, to carry out the purposes of this act.

NEW SECTION. Sec. 23. A new section is added to chapter 19.28 RCW to read as follows:

It is the responsibility of the owner of a building with installed fire and life safety systems to maintain such systems in full and proper operating conditions in accordance with the manufacturer's specifications and product listing and to verify that inspection and approval from the authority having jurisdiction under this chapter has been secured.

NEW SECTION. Sec. 24. Sections 4, 12, 20, 21, and 23 of this act shall take effect July 1, 1991. The director of labor and industries may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.