WSR 00-06-076

EMERGENCY RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed March 1, 2000, 10:01 a.m. ]

Date of Adoption: March 1, 2000.

Purpose: To extend the compliance date from March 1, 2000, to June 30, 2000, to allow contractors, employers, administrators, and other individuals to come into compliance with the HVAC/refrigeration licensure and certification requirements found in WAC 296-46-930 and 296-401A-140.

Citation of Existing Rules Affected by this Order: Amending WAC 296-46-930 and 296-401A-140.

Statutory Authority for Adoption: Chapter 19.28 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: A longstanding policy, which allowed HVAC/refrigeration work without certification, was determined to be both unsafe and possibly outside the department's statutory authority. The current rules (WAC 296-46-930 and 296-401A-140) have an implementation date of March 1, 2000. These rules have gone through the hearing process and were effective in March 1999. The department has determined that it is necessary to prolong the March 1, 2000, date, which would require that all HVAC/refrigeration work to be done by a certified and licensed contractor and certified installer(s) in order to assist in bringing them into compliance with the regulation.

Emergency adoption of the amendments to WAC 296-46-930 and 296-401A-140 is necessary to allow HVAC/refrigeration contractors and installers to come into compliance with the regulations. The allotment of more time will improve public safety and compliance with the regulations for purposes of consumer protection through the registration, licensure, and certification of more registered and bonded electrical contractors.

It is the goal of the department and this extension to increase compliance with the rule, public safety, and consumer protection for all citizens in the state.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0. Effective Date of Rule: Immediately.

March 1, 2000

Gary Moore

Director



AMENDATORY SECTION [(Amending WSR 99-05-052, filed 2/12/99)]WAC 296-46-930
Electrical contractor license and administrator certificate designation.

See RCW 19.28.120.

(1) General electrical license and/or administrator's certificate encompasses all phases and all types of electrical installations.

(2) Specialty (limited) electrical licenses and/or administrator's certificates are as follows:

(a) Residential (02): Limited to the wiring of one and two family dwellings, or multifamily dwellings not exceeding three floors above grade. All wiring to be in nonmetallic sheathed cable, except service and/or feeders. This specialty does not include wiring commercial occupancies such as motels, hotels, offices, or stores.

(b)(i) Pump and irrigation (03): Limited to the electrical connection of domestic and irrigation water pumps, circular irrigating systems and related pumps and pump houses. This specialty includes circuits, feeders, controls, and services to supply said pumps.

(ii) Domestic well (03A): Limited to the extension of a branch circuit, which is supplied and installed by others, to pump controllers; pressure switches; alarm sensors; and water pumps which do not exceed 7 1/2 horsepower at 230 volts AC single phase.

(c) Signs (04): Limited to placement and connection of signs and outline lighting, the electrical supply, related controls and associated circuit extensions thereto; and the installation of a maximum 60 ampere, 120/240 volt single phase service to supply power to a remote sign only.

(d) Domestic appliances (05): Limited to the electrical connection of household appliances and the wiring thereto; such as hot water heaters, ranges, dishwashers, clothes dryers, oil and gas furnaces, and similar appliances. This specialty includes circuits to the appliances; however, it does not include the installation of service and/or feeders or circuits to electric furnaces and heat pump equipment.

(e)(i) Limited energy system (06): Limited to the installation of signaling and power limited circuits and related equipment. This specialty includes the installation of fire protection signaling systems, intrusion alarms, nonutility owned communications systems, and such similar low energy circuits and equipment.

(ii) HVAC/refrigeration limited energy system (06A): Limited to installation of low voltage, Class 2 HVAC/refrigeration control circuit cables for control of furnaces, heat pumps, and similar HVAC or refrigeration equipment when such conductors do not connect to other than HVAC or refrigeration equipment and when such buildings do not exceed three floors above grade, except for residential occupancies. Associated limited energy control components that are integral with, and control the operation of, the heating and cooling equipment or refrigeration equipment are included in the scope of this specialty. These limited energy components include, but are not limited to, the following: Thermostats, humidistats, low voltage damper controls, outdoor sensing controls, outside air dampers, stand-alone duct smoke detectors, zone control valves, and the mounting of HVAC/refrigeration control panels and low voltage connections only. Installation of integrated energy management systems other than HVAC/refrigeration systems as defined herein, are not included in this specialty.

This specialty may install, service, maintain, repair, or replace HVAC/refrigeration electrical systems as long as the work is on the HVAC/refrigeration system itself. This specialty may replace line voltage components within the equipment, only if the components are like in kind with identical voltage and current ratings. This specialty may not install branch circuit (line voltage) conductors, services, feeders, panelboards, or disconnect switches to HVAC/refrigeration equipment. Short sections of raceway may be installed for access to or physical protection of cables, however wiring in conduit systems and wiring in classified locations are excluded from this specialty.

On or before March 1, 2000 October 1, 2000, a registered contractor (chapter 18.27 RCW) who provides proof to the department that for a minimum of two years they were engaged full time in the business of HVAC or refrigeration equipment installation, service or repair work may designate a supervisory employee or member of the firm to take the required administrator's examination. This initial designee will satisfy the requirements of RCW 19.28.125 for application for an HVAC/refrigeration limited energy contractor's license. This initial designated administrator must successfully pass the HVAC/refrigeration limited energy specialty administrator's examination prior to the expiration (twenty-four months) of the specialty electrical contractor license. No extension of this initial administrator's status will be permitted unless they pass the HVAC/refrigeration limited energy specialty administrator's examination to qualify for a permanent certificate. The department will continue to accept proof of experience for HVAC/refrigeration contractors and installers until October 1, 2000, however non-compliance with (e)(ii) of this subsection after June 30, 2000 may result in a citation. The enforcement practices for non-compliance are outlined in Figure 1 (below). If a citation is issued for not complying with the licensing/certification requirements the contractor or administrator will lose the ability to designate a supervisory employee to the required administrator's exam as required by (e)(ii) of this subsection.

Figure 1

Place illustration here.

(f)(i) Nonresidential maintenance (07): Limited to maintenance, repair and replacement of electrical equipment and conductors on industrial or commercial premises. This specialty certificate of license does not include maintenance activities in hotel, motel, or dwelling units.

(ii) Nonresidential lighting maintenance and lighting retrofit (07A): Limited to working within the housing of existing nonresidential lighting fixtures for work related to repair, service, maintenance of lighting fixtures and installation of energy efficiency lighting retrofit upgrades. This specialty includes replacement of lamps, ballasts, sockets and the installation of listed lighting retrofit reflectors and kits. All work is limited to the fixture body, except remote located ballasts may be replaced or retrofitted with approved products. This specialty does not include installing new fixtures or branch circuits; moving or relocating existing fixtures; or altering existing branch circuits.

This specialty contractor must employ an administrator who holds a nonresidential lighting maintenance and lighting retrofit administrator certificate; or a nonresidential maintenance administrator; or a general administrator. This specialty contractor must adhere to the ratio requirements for trainee supervision in RCW 19.28.510 for specialty electricians to trainees. A specialty lighting maintenance and retrofit specialty technician is allowed to supervise a maximum of two trainees on the same job site. A contractor must obtain an electrical permit and request inspection for all retrofit installations.

The contractor must have a documented electrical lighting maintenance safety training program for all employees working under this specialty contractor license.

(3) Combination specialty electrical contractor license. The department may issue a combination specialty electrical contractor license to a firm which qualifies for more than one specialty electrical contractor license. The license shall plainly indicate the specialty licenses which are included in the combination electrical contractor license.

(4) Combination specialty electrical administrator certificate. The department may issue a combination specialty administrator certificate to an individual who qualifies for more than one specialty administrators' certificate. The combination specialty administrators' certificate shall plainly indicate the specialty administrators' certificate the holder has qualified for.

[Statutory Authority: Chapter 19.28 RCW. 99-05-052, 296-46-930, filed 2/12/99, effective 3/15/99; 98-12-042, 296-46-930, filed 5/29/98, effective 6/30/98; 97-24-033, 296-46-930, filed 11/25/97, effective 12/29/97. Statutory Authority: RCW 19.28.060, 19.28.600 and chapter 19.28 RCW. 86-18-041 (Order 86-23), 296-46-930, filed 8/29/86.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION [(Amending WSR 99-05-052, filed 2/12/99)]WAC 296-401A-140
Electrical specialties.

Can I obtain a certificate of competency for an electrical specialty?

The department issues specialty electricians' certificates of competency in the following areas of electrical work:

(1) Residential certificate (02): This certificate limits you to wiring one-family and two-family dwellings, or multi-family dwellings that do not exceed three floors above grade. All residential wiring, except service and feeder wiring, must be nonmetallic sheathed cable. This certificate does not allow you to wire commercial occupancies such as motels, hotels, offices or stores.

(2) Pump and irrigation certificate (03): This certificate limits you to wiring the electrical connection of domestic water pumps, irrigation pumps, circular irrigating systems and related pumps and pump houses. With this certificate, you may also install the circuits, feeders, controls and services necessary to supply electricity to the pumps.

(3) Domestic well specialty electrical technician certificate (03A): This certificate limits you to the installation of materials, wires and equipment providing electrical power, control and operation of domestic water pumping systems. In addition, you are limited to the extension of a branch circuit (which has been supplied and installed by others) to pump controllers, pressure switches, alarm sensors, and water pumps which do not exceed 7 and 1/2 horsepower at 230 volts AC single phase.

Prior to December 1, 1998, you will be eligible to take the domestic well specialty electrician's competency examination if you provide the department with notarized verification of at least four years prior experience installing domestic water systems, including pump installations, under the supervision of a firm engaged in the business of installing domestic water systems.

After December 1, 1998, you will be eligible to take the domestic well specialty electrician's competency examination only if you provide the department with notarized verification of two years experience installing domestic pump systems working under the direct supervision of a domestic well specialty technician, a pump and irrigation specialty electrician or a journeyman electrician.

Certification of domestic well specialty electrical technicians shall be according to the provisions of WAC 296-401A-105 (original certification) and WAC 296-401A-110 (renewal of certification).

(4) Signs and outline lighting certificate (04): This certificate limits you to placing signs and outline lighting and connecting them to their electrical supply, controls and related circuit extensions. You are further limited to the installation of a maximum 60 ampere, 120/240 volt, single phase service supplying power to a remote sign.

(5) Domestic appliance certificate (05): This certificate limits you to electrically connecting and wiring domestic appliances such as hot water heaters, ranges, dishwashers, clothes dryers, oil and gas furnaces and similar appliances. You may also install the circuits to those domestic appliances. However, you may not install service or feeder wires or circuits to electrical furnaces and heat pump equipment.

(6) Limited energy system certificate (06): This certificate limits you to installing signaling circuits, power limited circuits and related equipment. Examples of such equipment would be fire protection signaling systems, intrusion alarms, nonutility owned communication systems and similar low energy circuits and equipment.

(7) HVAC/refrigeration limited energy technician (06A):

(a) This certificate limits you to installing low voltage, Class 2 HVAC/refrigeration control circuit cables for control of furnaces, heat pumps, and similar HVAC or refrigeration equipment when such conductors do not connect to other than HVAC or refrigeration equipment and when such buildings do not exceed three floors above grade, except for residential occupancies. Associated limited energy control components that are integral with, and control the operation of, the heating and cooling equipment or refrigeration equipment are included in the scope of this specialty. These limited energy components include, but are not limited to, the following: Thermostats, humidistats, low voltage damper controls, outdoor sensing controls, outside air dampers, stand-alone duct smoke detectors, zone control valves, and the mounting of HVAC/refrigeration control panels and low voltage connections only. Installation of integrated energy management systems other than HVAC/refrigeration systems as defined herein, are not included in this specialty.

HVAC/refrigeration limited energy technicians may install, service, maintain, repair, or replace HVAC/refrigeration electrical systems as long as the work is on the HVAC/refrigeration system itself. HVAC/refrigeration technicians may replace line voltage components within the equipment, only if the components are like in kind with identical voltage and current ratings. HVAC/refrigeration technicians may not install branch circuit (line voltage) conductors, services, feeders, panelboards, or disconnect switches to HVAC/refrigeration equipment. Short sections of raceway may be installed for access to or physical protection of cables, however wiring in conduit systems and wiring in classified locations are excluded from this specialty.

To qualify to take this certificate examination on or before March 1, 2000 October 1, 2000, you must provide proof to the department that you performed HVAC or refrigeration equipment installation, service or repair and you were employed for a minimum of two years by a contractor engaged full time in the business of HVAC or refrigeration equipment installation or repair work. Individuals that meet this requirement will qualify for a third year training certificate and be considered temporarily until March 1, 2002, an HVAC/refrigeration limited energy technician for the purposes of working within the scope of this specialty without supervision and for the purpose of supervising first and second year trainees in proper ratio. After March 1, 2002, you must have successfully passed the certificate examination to perform this work without supervision or to supervise trainees. If you have less than two years of experience, on or before March 1, 2000 October 1, 2000, you may apply for a training certificate level comparable to the hours for which you can provide proof of experience.

After March 1, 2000 October 1, 2000, all applicants for this certificate examination must have a minimum of two years full-time experience under the direct supervision of an HVAC/refrigeration limited energy technician, or a limited energy specialty electrician, or a journeyman electrician. Trainees may work unsupervised during their second year when installing HVAC systems with controls consisting of a single thermostat in one and two family dwelling units only.

(b) The department will continue to accept proof of experience for HVAC/refrigeration contractors and installers until October 1, 2000, however non-compliance with (a) of this subsection after June 30, 2000 may result in a citation. The enforcement practices for non-compliance are outlined in Figure 1 (below). If a citation is issued for failure to comply with the certification requirements the individual will lose the ability to apply previous HVAC/refrigeration work experience toward examination qualification.

Figure 1

Place illustration here.

(8) Nonresidential maintenance certificate (07): This certificate limits you to maintaining, repairing and replacing electrical equipment and conductors on industrial or commercial premises. You may not conduct maintenance activities in hotels, motels or dwelling units.

(9) Nonresidential lighting maintenance and lighting retrofit technician (07A): This certificate limits you to working within the housing of existing nonresidential lighting fixtures and limits you to work related to repair, service, maintenance of lighting fixtures and the installation of energy efficiency upgrades. Your work may include the replacement of lamps, ballasts, sockets and the installation of listed lighting retrofit reflectors and kits. Your work must be limited to the fixture body, however, you may replace or retrofit remote located ballasts with approved products. You may not install new fixtures or branch circuits, move or relocate existing fixtures, or alter existing branch circuits.

To qualify for this certificate on or before June 30, 1999, you must provide proof to the department that you performed electrical lighting maintenance and lighting retrofit installations and you were employed for a minimum of two years by a contractor engaged full-time in the business of nonresidential lighting maintenance and lighting retrofit work. After June 30, 1999, all applicants for this certificate must have a minimum of two years full-time experience under the direct supervision of a nonresidential lighting maintenance and retrofit technician; or a nonresidential maintenance specialty electrician; or a journeyman electrician.

[Statutory Authority: Chapter 19.28 RCW. 99-05-052, 296-401A-140, filed 2/12/99, effective 3/15/99; 98-12-042, 296-401A-140, filed 5/29/98, effective 6/30/98.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office