WSR 03-13-100

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed June 17, 2003, 11:07 a.m. ]

     Title of Rule: Chapter 296-46B WAC, Electrical safety standards, administration, and installation.

     Purpose: The purpose of this rule making is to make minor technical corrections, including:

Correct an inappropriate reference in WAC 296-46B-905 (9)(a);
Correct a fee that was inadvertently increased in WAC 296-46B-905(3); and
Correct compliance dates in WAC 296-46B-930 and 296-46B-950 to ensure consistency with the compliance schedule established in these rules.

     Other Identifying Information: Electrical.

     Statutory Authority for Adoption: RCW 19.28.006, 19.28.010, 19.28.031, 19.28.041, 19.28.061, 19.28.101, 19.28.131, 19.28.161, 19.28.171, 19.28.191, 19.28.201, 19.28.211, 19.28.241, 19.28.251, 19.28.271, 19.28.311, 19.28.321, 19.28.400, 19.28.420, 19.28.490, and 19.28.551.

     Statute Being Implemented: Chapter 19.28 RCW.

     Summary: See Purpose above.

     Reasons Supporting Proposal: See Purpose above.

     Name of Agency Personnel Responsible for Drafting: Ronald Fuller, Tumwater, (360) 902-5249; Implementation and Enforcement: Patrick Woods, Tumwater, (360) 902-6348.

     Name of Proponent: Washington State Department of Labor and Industries, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

     Proposal Changes the Following Existing Rules: See Purpose above.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Carmen Moore, Washington State Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-44001 [98504-4001], e-mail moog235@LNI.wa.gov , AND RECEIVED BY August 18, 2003.


June 17, 2003

Paul Trause

Director

OTS-6440.1


AMENDATORY SECTION(Amending WSR 03-09-111, filed 4/22/03, effective 4/22/03)

WAC 296-46B-905   Inspection fees.   To calculate inspection fees, the amperage is based on the conductor ampacity or the overcurrent device rating. The total fee must not be less than the number of progress inspection (one-half hour) units times the progress inspection fee rate from subsection (8) of this section, PROGRESS INSPECTIONS.

     The amount of the fee due is calculated based on the fee effective at the date of a department assessed fee (e.g., plan review or fee due) or when the electrical permit is purchased.

(1) Residential.
(a) Single- and two-family residential (new construction).
Notes:

(1) Square footage is the area included within the surrounding exterior walls of a building exclusive of any interior courts. (This includes any floor area in an attached garage, basement, or unfinished living space.)

(2) "Inspected with the service" means that a separate service inspection fee is included on the same electrical work permit.

(3) "Inspected at the same time" means all wiring is to be ready for inspection during the initial inspection trip.

(4) An "outbuilding" is a structure that serves a direct accessory function to the residence, such as a pump house or storage building. Outbuilding does not include buildings used for commercial type occupancies or additional dwelling occupancies.

(i) First 1300 sq. ft. $70.80
Each additional 500 sq. ft. or portion of $22.70
(ii) Each outbuilding or detached garage - inspected at the same time as a dwelling unit on the property $29.60
(iii) Each outbuilding or detached garage - inspected separately $46.70
(iv) Each swimming pool - inspected with the service $46.70
(v) Each swimming pool - inspected separately $70.80
(vi) Each hot tub, spa, or sauna - inspected with the service $29.60
(vii) Each hot tub, spa, or sauna - inspected separately $46.70
(viii) Each septic pumping system - inspected with the service $29.60
(ix) Each septic pumping system - inspected separately $46.70
(b) Multifamily residential and miscellaneous residential structures, services and feeders (new construction).
Each service and/or feeder
Ampacity Service/Feeder Additional Feeder
0 to 200 $76.30 $22.70
201 to 400 $94.80 $46.70
401 to 600 $130.20 $64.90
601 to 800 $167.00 $89.00
801 and over $238.10 $178.60
(c) Single or multifamily altered services or feeders including circuits.
(i) Each altered service and/or altered feeder
Ampacity Service or Feeder
0 to 200 $64.90
201 to 600 $94.80
601 and over $142.90
(ii) Maintenance or repair of a meter or mast (no alterations to the service or feeder) $35.20
(d) Single or multifamily residential circuits only (no service inspection).
Note:

Altered or added circuit fees are calculated per panelboard. Total cost of the alterations in an individual panel should not exceed the cost of a complete altered service or feeder of the same rating, as shown in subsection (1) RESIDENTIAL (c) (table) of this section.

(i) 1 to 4 circuits (see note above) $46.70
(ii) Each additional circuit (see note above) $5.20
(e) Mobile homes, modular homes, mobile home parks, and RV parks.
(i) Mobile home or modular home service or feeder only $46.70
(ii) Mobile home service and feeder $76.30
(f) Mobile home park sites and RV park sites.
Note:

For master service installations, see subsection (2) COMMERCIAL/INDUSTRIAL of this section.

(i) First site service or site feeder $46.70
(ii) Each additional site service; or additional site feeder inspected at the same time as the first service or feeder $29.60
(2) Commercial/industrial.
(a) New service or feeder, and additional new feeders inspected at the same time (includes circuits).
Note:

For large COMMERCIAL/INDUSTRIAL projects that include multiple feeders, "inspected at the same time" can be interpreted to include additional inspection trips for a single project. The additional inspections must be for electrical work specified on the permit at the time of purchase. The permit fee for such projects must be calculated from (2)(a)(table) of this section. However, the total fee must not be less than the number of progress inspection (one-half hour) units times the progress inspection fee rate from subsection (8) PROGRESS INSPECTIONS of this section.

Service/feeders
Ampacity Service/Feeder Additional Feeder
0 to 100 $76.30 $46.70
101 to 200 $94.80 $59.40
201 to 400 $178.60 $70.80
401 to 600 $208.20 $83.20
601 to 800 $269.10 $113.30
801 to 1000 $328.50 $137.10
1001 and over $358.40 $191.20
(b) Altered services or feeders (no circuits).
(i) Service/feeders
Ampacity Service or Feeder
0 to 200 $76.30
201 to 600 $178.60
601 to 1000 $269.10
1001 and over $298.90
(ii) Maintenance or repair of a meter or mast (no alterations to the service or feeder) $64.90
(c) Circuits only.
Note:

Altered/added circuit fees are calculated per panelboard. Total cost of the alterations in a panel (or panels) should not exceed the cost of a new feeder (or feeders) of the same rating, as shown in subsection (2) COMMERCIAL/INDUSTRIAL (2)(a)(table) above.

(i) First 5 circuits per branch circuit panel $59.40
(ii) Each additional circuit per branch circuit panel $5.20
(d) Over 600 volts surcharge per permit. $59.40
(3) Temporary service(s).
Note:

(1) See WAC 296-46B-527 for information about temporary installations.

(2) Temporary stage or concert inspections requested outside of normal business hours will be subject to the portal-to-portal hourly fees in subsection (11) OTHER INSPECTIONS. The fee for such after hours inspections shall be the greater of the fee from this subsection or the portal-to-portal fee.

Temporary services, temporary stage or concert productions.
Ampacity Service or Feeder Additional Feeder
0 to 60 $40.90 $21.00
61 to 100 $46.70 $22.70
101 to 200 $59.40 $29.60
201 to 400 $70.80 $35.30
401 to 600 $((98.80)) 94.80 $46.70
601 and over $107.50 $53.60
(4) Irrigation machines, pumps, and equipment.
Irrigation machines.
(a) Each tower - when inspected at the same time as a service and feeder from (2) COMMERCIAL/INDUSTRIAL $5.20
(b) Towers - when not inspected at the same time as a service and feeders - 1 to 6 towers $70.80
(c) Each additional tower $5.20
(5) Miscellaneous - commercial/industrial and residential.
(a) Low-voltage thermostats controlling a single piece of utilization equipment.
(i) First thermostat $35.30
(ii) Each additional thermostat inspected at the same time as the first $11.10
(b) Low-voltage systems and telecommunications systems. Includes all telecommunications installations, fire alarm and burglar alarm, nurse call, intercom, security systems, energy management control systems, HVAC/refrigeration control systems (other than thermostats above), industrial and automation control systems, lighting control systems, stand-alone sound systems, public address, and similar low-energy circuits and equipment.
(i) First 2500 sq. ft. or less $40.90
(ii) Each additional 2500 sq. ft. or portion thereof $11.10
(c) Signs and outline lighting.
(i) First sign (no service included) $35.30
(ii) Each additional sign inspected at the same time on the same building or structure $16.80
(d) Berth at a marina or dock.
Note:

Five berths or more shall be permitted to have the inspection fees based on appropriate service and feeder fees from section (2) COMMERCIAL/INDUSTRIAL (a) (i) above.

(i) Berth at a marina or dock $46.70
(ii) Each additional berth inspected at the same time $29.60
(e) Yard pole, pedestal, or other meter loops only.
(i) Yard pole, pedestal, or other meter loops only $46.70
(ii) Meters installed remote from the service equipment and inspected at the same time as a service, temporary service or other installations $11.10
(f) Emergency inspections requested outside of normal working hours.
Regular fee plus surcharge of: $89.00
(g) Generators.
Note:

Permanently installed generators: Refer to the appropriate residential or commercial new/altered service or feeder section.

Portable generators: Permanently installed transfer equipment for portable generators $64.90
(h) Electrical - annual permit fee.
Note:

See WAC 296-46B-900(14).

For commercial/industrial location employing full-time electrical maintenance staff or having a yearly maintenance contract with a licensed electrical contractor. Note, all yearly maintenance contracts must detail the number of contractor electricians necessary to complete the work required under the contract. This number will be used as a basis for calculating the appropriate fee. Each inspection is based on a 2-hour maximum.
Inspections Fee
1 to 3 plant electricians 12 $1,710.80
4 to 6 plant electricians 24 $3,423.30
7 to 12 plant electricians 36 $5,134.60
13 to 25 plant electricians 52 $6,847.10
More than 25 plant electricians 52 $8,559.60
(i) Telecommunications - annual permit fee.
Note:

(1) See WAC 296-46B-900(13).

(2) Annual inspection time required may be estimated by the purchaser at the rate for "OTHER INSPECTIONS" in this section, charged portal-to-portal per hour.

For commercial/industrial location employing full-time telecommunications maintenance staff or having a yearly maintenance contract with a licensed electrical/telecommunications contractor.
2-hour minimum $141.60
Each additional hour, or portion thereof, of portal-to-portal inspection time $70.80
(j) Permit requiring ditch cover inspection only.
Each 1/2 hour, or portion thereof $35.30
(k) Cover inspection for elevator/conveyance installation. This item is only available to a licensed/registered elevator contractor. $59.40
(6) Carnival inspections.
(a) First carnival field inspection each calendar year.
(i) Each ride and generator truck $16.80
(ii) Each remote distribution equipment, concession, or gaming show $5.20
(iii) If the calculated fee for first carnival field inspection above is less than $89.00, the minimum inspection fee shall be: $89.00
(b) Subsequent carnival inspections.
(i) First ten rides, concessions, generators, remote distribution equipment, or gaming show $89.00
(ii) Each additional ride, concession, generator, remote distribution equipment, or gaming show $5.20
(c) Concession(s) or ride(s) not part of a carnival.
(i) First field inspection each year of a single concession or ride, not part of a carnival $70.80
(ii) Subsequent inspection of a single concession or ride, not part of a carnival $46.70
(7) Trip fees.
(a) Requests by property owners to inspect existing installations. (This fee includes a maximum of one hour of inspection time. All inspection time exceeding one hour will be charged at the rate for progressive inspections.) $70.80
(b) Submitter notifies the department that work is ready for inspection when it is not ready. $35.30
(c) Additional inspection required because submitter has provided the wrong address or incomplete, improper or illegible directions for the site of the inspection. $35.30
(d) More than one additional inspection required to inspect corrections; or for repeated neglect, carelessness, or improperly installed electrical work. $35.30
(e) Each trip necessary to remove a noncompliance notice. $35.30
(f) Corrections that have not been made in the prescribed time, unless an exception has been requested and granted. $35.30
(g) Installations that are covered or concealed before inspection. $35.30
(8) Progress inspections.
Note:

The fees calculated in subsections (1) through (6) of this section will apply to all electrical work. This section will be applied to a permit where the permit holder has requested additional inspections beyond the number supported by the permit fee calculated at the rate in subsections (1) through (6) of this section.

On partial or progress inspections, each 1/2 hour. $35.30
(9) Plan review.
Fee is thirty-five percent of the electrical work permit fee as determined by WAC 296-46-910, plus a plan review submission and shipping/handling fee of: $59.40
(a) Supplemental submissions of plans per hour or fraction of an hour of review time. $70.80
(b) Plan review shipping and handling fee. $16.80
(10) Out-of-state inspections.
(a) Permit fees will be charged according to the fees listed in this section.
(b) Travel expenses:
All travel expenses and per diem for out-of-state inspections are billed following completion of each inspection(s). These expenses can include, but are not limited to: Inspector's travel time, travel cost and per diem at the state rate. Travel time is hourly based on the rate in subsection (11) of this section.
(11) Other inspections.
Inspections not covered by above inspection fees must be charged portal-to-portal per hour: $70.80
(12) Refund processing fee.
All requests for permit fee refunds will be assessed a processing fee. (Refund processing fees will not be charged for electrical contractors, using the contractor deposit system, who request less than twenty-four refunds during a rolling calendar year.) $11.10
(13) Variance request processing fee.
Variance request processing fee. This fee is nonrefundable once the transaction has been validated. $70.80
(14) Marking of industrial utilization equipment.
(a) Standard(s) letter review (per hour of review time). $70.80
(b) Equipment marking - charged portal-to-portal per hour: $70.80
(c) All travel expenses and per diem for in/out-of-state review and/or equipment marking are billed following completion of each inspection(s). These expenses can include, but are not limited to: Inspector's travel time, travel cost and per diem at the state rate. Travel time is hourly based on the rate in (b) of this subsection.

[Statutory Authority: RCW 19.28.006, 19.28.010, 19.28.031, 19.28.041, 19.28.061, 19.28.101, 19.28.131, 19.28.161, 19.28.171, 19.28.191, 19.28.201, 19.28.211, 19.28.241, 19.28.251, 19.28.271, 19.28.311, 19.28.321, 19.28.400, 19.28.420, 19.28.490, 19.28.551, 2002 c 249, chapters 34.05 and 19.28 RCW. 03-09-111, § 296-46B-905, filed 4/22/03, effective 4/22/03.]


AMENDATORY SECTION(Amending WSR 03-09-111, filed 4/22/03, effective 4/22/03)

WAC 296-46B-930   Assignment -- Administrator or master electrician.   (1) An administrator or master electrician designated on the electrical/telecommunications contractor's license must be a member of the firm who fulfills the duties of an assigned master electrician/administrator as required in RCW 19.28.061(5), or be a full-time supervisory employee. In determining whether the individual is a member of the firm, the department will require that the individual is named as:

     (a) The sole proprietor;

     (b) A partner on file with the department of licensing; or

     (c) A member of an LLC on file with the secretary of state.

     In determining whether an individual is a full-time supervisory employee, the department will consider whether the individual is on the electrical/telecommunications contractor's full-time payroll; receives a regular salary or wage similar to other employees; has supervisory responsibility for work performed by the electrical/telecommunications contractor, and carries out the duties shown in chapter 19.28 RCW.

     (2) A firm may designate certain temporary specialty administrator(s) to satisfy the requirements of RCW 19.28.041 and 19.28.061 under the guidelines described in Table 930-1 - Temporary Specialty Administrator Application/Enforcement Procedure. See note 1 on Figure 955-1 for additional requirements regarding failure to comply with the licensing/certification requirements during the open window opportunity.

Table 930-1 - Temporary Specialty Administrator Application/Enforcement Procedure

SPECIALTIES OPEN FOR ASSIGNING TEMPORARY SPECIALTY ADMINISTRATOR Domestic well (03A),
HVAC/refrigeration - restricted (06B),
Nonresidential maintenance (07),
Nonresidential lighting maintenance (07A),
Residential maintenance (07B),
Restricted nonresidential maintenance (New - 07C),
Appliance repair (New - 07D),
Equipment repair (New - 07E),
Door, gate and similar systems (10).
Last date to submit application for temporary administrator ((September 30)) July 31, 2004.(2), ( 3)
Required business status in the contracting specialty Chapter 18.27 RCW contractor registration, chapter 19.28 RCW electrical contractor's license, or appropriate Washington business license (effective at any time between January 1, 2002 and September 1, 2002).
Minimum previous experience for firm making temporary designation N/A
Begin interim enforcement Effective date of this chapter.(1)
Begin full enforcement August 1, 2004.(1)
Must pass specialty administrator examination no later than: Twelve months after submitting temporary specialty administrator assignment.(3)
Notes:     (1)See Figure 955-1 for enforcement procedures.

          (2)To qualify for a temporary specialty administrator certificate, the following must be submitted to the department: Complete contractor's application package, complete temporary specialty administrator's application, complete Assignment of Temporary Specialty Administrator's Certificate form, and all appropriate fees. Fees will be prorated from the three-year amount required in WAC 296-46B-910.

          (3)A firm may only designate a single individual as a temporary administrator in a specialty.

          (4)An individual may not receive a temporary specialty administrator certificate if the individual has previously held any type of administrator certificate in that specialty.

[Statutory Authority: RCW 19.28.006, 19.28.010, 19.28.031, 19.28.041, 19.28.061, 19.28.101, 19.28.131, 19.28.161, 19.28.171, 19.28.191, 19.28.201, 19.28.211, 19.28.241, 19.28.251, 19.28.271, 19.28.311, 19.28.321, 19.28.400, 19.28.420, 19.28.490, 19.28.551, 2002 c 249, chapters 34.05 and 19.28 RCW. 03-09-111, § 296-46B-930, filed 4/22/03, effective 4/22/03.]


AMENDATORY SECTION(Amending WSR 03-09-111, filed 4/22/03, effective 4/22/03)

WAC 296-46B-950   Opportunity for gaining credit for previous work experience gained in certain specialties.   Some specialties have an opportunity to apply any previous work experience gained toward electrical training credit. See Table 950-1 for opportunities, deadlines and requirements.

     To qualify previous work experience training credit toward eligibility for any of the specialty certificate examination(s) in this subsection, an individual must provide proof, upon application for a specialty electrician temporary permit, to the department with a notarized verification letter from the individual's employer(s) documenting:

     (1) The specific specialty for which credit is being sought;

     (2) The specific date time period for which credit is being sought; and

     (3) The number of previous work experience hours for which credit is being sought.

     The department will deny application for previous work experience credit if an individual owes money as a result of an outstanding final judgment(s) to the department.

Table 950-1 Specialty Electrician Open Window to apply previous work experience

SPECIALTIES Available for Open Window • HVAC/refrigeration (06A), HVAC/refrigeration - restricted (06B) • Domestic well (03A),

• Nonresidential maintenance (07),

• Nonresidential lighting maintenance and lighting retrofit (07A),

• Residential maintenance (07B),

• Door, gate and similar systems (10)

• Restricted nonresidential maintenance (New - 07C),

• Appliance repair (New - 07D)

• Equipment repair (New - 07E)

Previous work experience training credit will only be allowed for: Work performed prior to September 30, 2000(3) Work performed prior to June 30, 2001(3) Work performed prior to the effective date of this chapter(3)
Last date to submit application for previous work experience Make application on or before ((September 30)) July 31, 2004, for a specialty electrician temporary permit as described in WAC 296-46B-940(28).
Begin interim enforcement Effective date of this chapter(1)
Begin full enforcement August 1, 2004(1)
Exam completion If a temporary specialty electrician permit is awarded per WAC 296-46B-940(28), the applicant must pass the specialty electrician examination no later than two years after application.(2)

Notes: (1)See Figure 955-1 for enforcement procedures. See note 1 on Figure 955-1 for additional requirements regarding failure to comply with the licensing/certification requirements during the open window opportunity.
(2)See WAC 296-46B-940(28) other temporary specialty electrician permit requirements.
(3)Work experience gained for these specialties on or after this date will be credited only if the applicant possessed a valid training certificate during the time period worked and met all requirements of chapter 19.28 RCW and this chapter.
(4)Previous work experience credit gained using this section will not be allowed for the same time periods for multiple specialties.
(5)Previous work experience gained using this section will not be applicable towards journeyman certification until the trainee successfully completes the appropriate specialty certification examination and meets all other requirements in chapter 19.28 RCW and this chapter.
(6)Previous work experience gained using this section will not be applicable toward journeyman certification if the specialty has a work experience requirement less than two years (four thousand hours). Hours of experience gained prior to the effective date of this rule may be applied toward journeyman certification if appropriate.
(7)No extension, except as permitted by rule change, of the temporary specialty electrician's status will be permitted. A temporary specialty electrician permit cannot be renewed, except as permitted by rule.
(8)An individual may not receive a temporary electrician permit in a specialty if the individual has previously held a specialty electrician permit in that specialty.

[Statutory Authority: RCW 19.28.006, 19.28.010, 19.28.031, 19.28.041, 19.28.061, 19.28.101, 19.28.131, 19.28.161, 19.28.171, 19.28.191, 19.28.201, 19.28.211, 19.28.241, 19.28.251, 19.28.271, 19.28.311, 19.28.321, 19.28.400, 19.28.420, 19.28.490, 19.28.551, 2002 c 249, chapters 34.05 and 19.28 RCW. 03-09-111, § 296-46B-950, filed 4/22/03, effective 4/22/03.]

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