AN
ACT Relating to electrical administration procedures; amending RCW 19.28.125,
19.28.210, 19.28.310, 19.28.510, and 19.28.550; and adding new sections to
chapter 19.28 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 19.28 RCW to read as follows:
The
department may deny renewal of a certificate or license issued under this
chapter, if the applicant for renewal owes outstanding penalties for a final
judgment under this chapter. The department shall notify the applicant of the
denial by registered mail, return receipt requested, to the address on the
application. The applicant may appeal the denial within twenty days by filing
a notice of appeal with the department accompanied by a certified check for two
hundred dollars which shall be returned to the applicant if the decision of the
department is not upheld by the board. The office of administrative hearings
shall conduct the hearing under chapter 34.05 RCW. The electrical board shall
review the proposed decision at the next regularly scheduled board meeting. If
the board sustains the decision of the department, the two hundred dollars must
be applied to the cost of the hearing.
NEW
SECTION. Sec. 2. A
new section is added to chapter 19.28 RCW to read as follows:
The
department may audit the records of an electrical contractor that has verified
the hours of experience submitted by an electrical trainee to the department under
RCW 19.28.510(2) in the following circumstances: Excessive hours were
reported; hours reported outside the normal course of the contractor's
business; the type of hours reported do not reasonably match the type of
permits purchased; or for other similar circumstances in which the department
demonstrates a likelihood of excessive hours being reported. The department
shall limit the audit to records necessary to verify hours. The department
shall adopt rules implementing audit procedures. Information obtained from an
electrical contractor under the provisions of this section is confidential and
is not open to public inspection under chapter 42.17 RCW.
Sec.
3. RCW
19.28.125 and 1988 c 81 s 6 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 ninety days
unless another administrator is qualified by the board. However, if the
administrator dies, the contractor's license is void within one hundred eighty
days unless another administrator is qualified by the board. 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 department may deny an application for an
administrator's certificate for up to two years if the applicant's previous
administrator's certificate has been revoked for a serious violation and all
appeals concerning the revocation have been exhausted. For the purposes of
this section only, a serious violation is a violation that presents imminent
danger to the public. 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 or 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;
(c)
Ensure that the proper electrical safety procedures are used;
(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.
4. RCW
19.28.210 and 1992 c 240 s 2 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))) (3).
(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. At the
time of the inspection, electrical wiring or equipment subject to this chapter
must be sufficiently accessible to permit the inspector to employ any testing
methods that will verify conformance with the national electrical code and any
other requirements of this chapter.
(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 requesting
the electric utility to connect to the installations. Electric utilities may
connect to the installations if approval 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.
(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)
Nothing in this chapter shall authorize the inspection of any wiring,
appliance, device, or equipment, or installations thereof, by any utility or by
any person, firm, partnership, corporation, or other entity employed by a
utility in connection with the installation, repair, or maintenance of lines,
wires, apparatus, or equipment owned by or under the control of the utility.
All work covered by the national electric code not exempted by the 1981 edition
of the national electric code 90-2(B)(5) shall be inspected by the department.
Sec.
5. RCW
19.28.310 and 1988 c 81 s 10 are each amended to read as follows:
The
department has the power, in case of ((continued)) serious
noncompliance with the provisions of this chapter, to revoke or suspend for
such a period as it determines, any electrical contractor license or electrical
contractor administrator certificate issued under this chapter. The department
shall notify the holder of the license or certificate of the revocation or
suspension by certified mail. A revocation or suspension is effective ((fifteen))
twenty days after the holder receives the notice. Any revocation or
suspension is subject to review by an appeal to the board. The filing of an
appeal stays the effect of a revocation or suspension until the board makes its
decision. The appeal shall be filed within ((fifteen)) twenty
days after notice of the revocation or suspension is given by certified mail
sent to the address of the holder of the license or certificate as shown on the
application for the license or certificate, and shall be effected by filing a
written notice of appeal with the department, accompanied by a certified check
for two hundred dollars, which shall be returned to the holder of the license
or certificate if the decision of the department is not sustained by the
board. The hearing shall be conducted in accordance with chapter 34.05 RCW.
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.
Sec.
6. RCW
19.28.510 and 1983 c 206 s 13 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
electrician certificate of competency issued by the department in accordance
with this chapter. Electrician certificate of competency specialties 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 if supervised
by a certified journeyman electrician or a certified specialty electrician in
that electrician's specialty. 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 electrician working in his or her
specialty. 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 their possession at all times that they are
performing electrical work. They shall show their certificates to an
authorized representative of the department at the representative's request.
(3)
Any person who has been issued an electrical training certificate under this
chapter may work 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 electrician who has an
applicable certificate of competency issued under this chapter. Either a
journeyman electrician or an appropriate specialty 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 electrician or journeyman electrician
working as a specialty electrician;
(c)
Effective January 1, 1983, not more 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 technical school program in the electrical construction trade in a school approved
by the commission for vocational education, may work without direct on-site
supervision during the last six months of meeting the practical experience
requirements of this chapter.
(4)
The electrical contractor shall accurately verify and attest to the electrical
trainee hours worked by electrical trainees on behalf of the electrical
contractor.
Sec.
7. RCW
19.28.550 and 1993 c 192 s 1 are each amended to read as follows:
(1)
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 ((October
31st or April 30th, not less than six months nor more than three years
immediately following the date of issuance)) the holder's birthday.
The certificate shall be renewed every three years, upon application, on or
before the holder's birthdate. A fee shall be assessed for each certificate
and for each annual renewal.
(2)
If the certificate holder demonstrates to the department that he or she has
satisfactorily completed an annual eight-hour continuing education course, 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.
(a)
The contents and requirements for satisfactory completion of the continuing
education course shall be determined by the director and approved by the board.
(b)
The department shall accept proof of a certificate holder's satisfactory
completion of a continuing education course offered in another state as meeting
the requirements for maintaining a current Washington state certificate of
competency if the department is satisfied the course is comparable in nature to
that required in Washington state for maintaining a current certificate of competency.
(3)
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.
(4)
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 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.
