AN
ACT Relating to the repair and maintenance of backflow prevention assemblies;
amending RCW 18.106.010 and 18.106.040; adding a new section to chapter 18.106
RCW; and adding a new section to chapter 19.27 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.106.010 and 1997 c 326 s 2 are each amended to read as follows:
Unless
a different meaning is plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the following meaning:
(1)
"Advisory board" means the state advisory board of plumbers;
(2)
"Department" means the department of labor and industries;
(3)
"Director" means the director of department of labor and industries;
(4)
"Journeyman plumber" means any person who has been issued a
certificate of competency by the department of labor and industries as provided
in this chapter;
(5)
"Medical gas piping" means oxygen, nitrous oxide, high pressure
nitrogen, medical compressed air, and medical vacuum systems;
(6)
"Medical gas piping installer" means a journeyman plumber who has
been issued a medical gas piping installer endorsement;
(7)
"Plumbing" means that craft involved in installing, altering,
repairing and renovating potable water systems, liquid waste systems, and
medical gas piping systems within a building. Installation in a water system
of water softening or water treatment equipment is not within the meaning of
plumbing as used in this chapter;
(8)
"Specialty plumber" means anyone who has been issued a specialty
certificate of competency limited to:
(a)
Installation, maintenance, and repair of the plumbing of single-family
dwellings, duplexes, and apartment buildings that do not exceed three stories;
or
(b)
Maintenance and repair of backflow prevention assemblies.
Sec.
2. RCW
18.106.040 and 1977 ex.s. c 149 s 4 are each amended to read as follows:
(1)
Upon receipt of the application and evidence set forth in RCW 18.106.030, the
director shall review the same and make a determination as to whether the
applicant is eligible to take an examination for the certificate of competency.
To be eligible to take the examination:
(a)
Each applicant for a journeyman plumber's certificate of competency shall
furnish written evidence that he or she has ((either)) completed
a course of study in the plumbing trade in the armed services of the United
States or at a school ((accredited)) licensed by the ((coordinating
council on occupational education;)) work force training and education
coordinating board, or ((that he)) has had four or more years
of experience under the direct supervision of a licensed journeyman plumber.
(b)
Each applicant for a specialty plumber's certificate of competency under RCW
18.106.010(8)(a) shall furnish written evidence that he or she has
((either)) completed a course of study in the plumbing trade in the armed
services of the United States or at a school ((accredited)) licensed
by the ((commission for vocational education or its designee)) work
force training and education coordinating board under chapter 28C.10 RCW,
or that he or she has had at least three years practical experience in
((his)) the specialty. ((No other requirement for eligibility
may be imposed.))
(c)
Each applicant for a specialty plumber's certificate of competency under RCW
18.106.010(8)(b) shall furnish written evidence that he or she is eligible to
take the examination. These eligibility requirements shall be adopted by rule
by the director pursuant to subsection (2)(b) of this section.
(2)(a)
The director shall establish reasonable rules ((and regulations)) for
the examinations to be given applicants for certificates of competency. In
establishing ((said)) the rules, ((regulations, and criteria,))
the director shall consult with the state advisory board of plumbers as
established in RCW 18.106.110.
(b)
The director shall establish reasonable criteria by rule for determining an
applicant's eligibility to take an examination for the certificate of
competency for specialty plumbers under subsection (1)(c) of this section. In
establishing the criteria, the director shall consult with the state advisory
board of plumbers as established in RCW 18.106.110. These rules must take
effect by July 1, 2002.
(3)
Upon determination that the applicant is eligible to take the examination, the
director shall so notify ((him)) the applicant, indicating the
time and place for taking the same.
(4)
No other requirement for eligibility may be imposed.
NEW
SECTION. Sec. 3. A
new section is added to chapter 18.106 RCW to read as follows:
(1)
Those actively certified by the department of health on or before July 1, 2001,
as backflow assembly testers and registered as a contractor under chapter 18.27
RCW or employed by a registered contractor, may perform maintenance and repair
of backflow prevention assemblies, without being a certified plumber under this
chapter, until January 1, 2003. For the purposes of this section,
"maintenance and repair" include cleaning and replacing internal
parts of an assembly, but do not include installing or replacing backflow
prevention assemblies.
(2)
After January 1, 2003, backflow assembly testers exempted under subsection (1)
of this section are required to meet the eligibility requirements for a
specialty plumber's certificate of competency under RCW 18.106.040(1)(c).
*NEW
SECTION. Sec. 4.
A new section is added to chapter 19.27 RCW to read as follows:
The
owner of a building classified as a group R, division 3 occupancy, as defined
in the state building code adopted under this chapter, shall have the backflow
prevention assembly tested by a department of health certified backflow
assembly tester:
(1)
At the time of installation, repair, or relocation, if required by the local
official, board, department, or agency authorized to administer and enforce the
provisions of the uniform plumbing code as adopted under this chapter; or
(2)
When such official, board, department, or agency finds that cross‑connection
control within the property lines of the premises may fail to prevent pollution
or contamination of the domestic water supply.
*Sec. 4 was vetoed. See message at end of chapter.
Note: Governor's
explanation of partial veto is as follows:
"I am returning
herewith, without my approval as to section 4, Engrossed Substitute House Bill
No. 2172 entitled:
"AN
ACT Relating to the repair and maintenance of backflow prevention
assemblies;"
Engrossed Substitute
House Bill No. 2172 creates a specialty plumber's certificate of competency for
the maintenance and repair of backflow prevention assemblies. This bill will
make it easier and more cost effective to conduct annual inspections of
backflow prevention assemblies by increasing the number of available
inspectors.
Section 4 of the bill
would have repealed the requirement that backflow prevention devices in
residential dwellings be annually inspected. Such action would compromise the
health and safety of Washington residents and the integrity of our state's
potable water. Without a state inspection requirement, local governments would
likely impose their own requirements, resulting in a multitude of differing
standards.
For these reasons I have
vetoed section 4 of Engrossed Substitute House Bill No. 2172.
With
the exception of section 4, Engrossed Substitute House Bill No. 2172 is
approved."
