AN
ACT Relating to plumbing contractors; amending RCW 18.106.010, 18.106.020,
18.106.180, 18.106.250, and 18.27.200; adding a new section to chapter 18.106
RCW; and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.106.010 and 2001 c 281 s 1 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)
"Contractor" means any person, corporate or otherwise, who engages
in, or offers or advertises to engage in, any work covered by the provisions of
this chapter by way of trade or business, or any person, corporate or
otherwise, who employs anyone, or offers or advertises to employ anyone, to
engage in any work covered by the provisions of this chapter;
(3)
"Department" means the department of labor and industries;
(((3)))
(4) "Director" means the director of department of labor and
industries;
(((4)))
(5) "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)))
(6) "Medical gas piping" means oxygen, nitrous oxide, high
pressure nitrogen, medical compressed air, and medical vacuum systems;
(((6)))
(7) "Medical gas piping installer" means a journeyman plumber
who has been issued a medical gas piping installer endorsement;
(((7)))
(8) "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)))
(9) "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
18.106.020 and 1997 c 326 s 3 are each amended to read as follows:
(1)
No person may engage in or offer to engage in the trade of plumbing without
having a journeyman certificate, specialty certificate, temporary permit, or
trainee certificate. A trainee must be supervised by a person who has a journeyman
certificate, specialty certificate, or temporary permit, as specified in RCW
18.106.070. No contractor may employ a person to engage in or offer to engage
in the trade of plumbing unless the person employed has a journeyman
certificate, specialty certificate, temporary permit, or trainee certificate.
((For the purposes of this section, "contractor" means any person
or body of persons, corporate or otherwise, engaged in any work covered by the
provisions of this chapter, chapter 18.27 RCW, or chapter 19.28 RCW, by way of
trade or business. However, in no case shall)) This section does
not apply to a contractor who is contracting for work on his or her own
residence.
(2)
No person may engage in or offer to engage in medical gas piping installation
without having a certificate of competency as a journeyman plumber and a
medical gas piping installer endorsement. A trainee may engage in medical gas
piping installation if he or she has a training certificate and is supervised
by a person with a medical gas piping installer endorsement. No contractor may
employ a person to engage in or offer to engage in medical gas piping
installation unless the person employed has a certificate of competency as a
journeyman plumber and a medical gas piping installer endorsement.
(3)
No contractor may advertise, offer to do work, submit a bid, or perform any
work under this chapter without being registered as a contractor under chapter
18.27 RCW.
(4)
Violation of ((subsection (1) or (2) of)) this section is an infraction.
Each day in which a person engages in the trade of plumbing in violation of ((subsection
(1) or (2) of)) this section or employs a person in violation of ((subsection
(1) or (2) of)) this section is a separate infraction. Each worksite at
which a person engages in the trade of plumbing in violation of ((subsection
(1) or (2) of)) this section or at which a person is employed in violation
of ((subsection (1) or (2) of)) this section is a separate infraction.
(((4)))
(5) Notices of infractions for violations of ((subsection (1) or (2)
of)) this section may be issued to:
(a)
The person engaging in or offering to engage in the trade of plumbing in
violation of ((subsection (1) or (2) of)) this section;
(b)
The contractor in violation of ((subsection (1) or (2) of)) this
section; and
(c)
The contractor's employee who authorized the work assignment of the person
employed in violation of ((subsection (1) or (2) of)) this section.
Sec.
3. RCW
18.106.180 and 2000 c 171 s 27 are each amended to read as follows:
(1)
An authorized representative of the department may issue a notice of infraction
as specified in RCW 18.106.020(((4))) if:
(a)
A person who is doing plumbing work or who is offering to do plumbing work
fails to produce evidence of:
(i)
Having a certificate or permit issued by the department in accordance with
this chapter, or ((of)) being supervised by a person who has such
a certificate or permit; and
(ii)
Being registered as a contractor as required under chapter 18.27 RCW or this
chapter, or being employed by a person who is registered as a contractor;
(b)
A person who employs anyone, or offers or advertises to employ anyone, to do
plumbing work fails to produce evidence of being registered as a contractor as
required under chapter 18.27 RCW or this chapter; or
(c)
A contractor violates section 5 of this act.
(2)
A notice of infraction issued under this section shall be personally served on
the person named in the notice by an authorized representative of the
department or sent by certified mail to the last known address provided to the
department of the person named in the notice.
Sec.
4. RCW
18.106.250 and 2000 c 171 s 28 are each amended to read as follows:
(1)
The administrative law judge shall conduct notice of infraction cases under
this chapter pursuant to chapter 34.05 RCW.
(2)
The burden of proof is on the department to establish the commission of the infraction
by a preponderance of the evidence. The notice of infraction shall be
dismissed if the defendant establishes that, at the time the notice was issued:
(a)
The defendant who was issued a notice of infraction authorized by RCW
18.106.020(((4))) (5)(a) had a certificate or permit issued by
the department in accordance with this chapter, was supervised by a person who
has such a certificate or permit, or was exempt from this chapter under RCW
18.106.150; or
(b)
For the defendant who was issued a notice of infraction authorized by RCW
18.106.020(((4))) (5) (b) or (c), the person employed or
supervised by the defendant has a certificate or permit issued by the
department in accordance with this chapter, was supervised by a person who had
such a certificate or permit, ((or)) was exempt from this chapter under
RCW 18.106.150, or was registered as a contractor under chapter 18.27 RCW.
(3)
After consideration of the evidence and argument, the administrative law judge
shall determine whether the infraction was committed. If it has not been
established that the infraction was committed, an order dismissing the notice
shall be entered in the record of the proceedings. If it has been established
that the infraction was committed, the administrative law judge shall issue
findings of fact and conclusions of law in its decision and order determining
whether the infraction was committed.
(4)
An appeal from the administrative law judge's determination or order shall be
to the superior court. The decision of the superior court is subject only to
discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure.
NEW
SECTION. Sec. 5. A
new section is added to chapter 18.106 RCW to read as follows:
(1)
Contractors shall accurately verify and attest to the trainee hours worked by
plumbing trainees on behalf of the contractor and that all training hours were
under the supervision of a certified plumber and within the proper ratio, and
shall provide the supervising plumbers' names and certificate numbers.
However, contractors are not required to identify which hours a trainee works
with a specific certified plumber.
(2)
The department may audit the records of a contractor that has verified the
hours of experience submitted by a plumbing trainee to the department under RCW
18.106.030 in the following circumstances: Excessive hours were reported;
hours were reported outside the normal course of the contractor's business; or
for other similar circumstances in which the department demonstrates a
likelihood of excessive or improper 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 a
contractor under the provisions of this section is confidential and is not open
to public inspection under chapter 42.17 RCW.
(3)
Violation of this section by a contractor is an infraction.
Sec.
6. RCW
18.27.200 and 1997 c 314 s 14 are each amended to read as follows:
(1)
It is a violation of this chapter and an infraction for any contractor to:
(a)
Advertise, offer to do work, submit a bid, or perform any work as a contractor
without being registered as required by this chapter;
(b)
Advertise, offer to do work, submit a bid, or perform any work as a contractor
when the contractor's registration is suspended or revoked; ((or))
(c)
Transfer a valid registration to an unregistered contractor or allow an
unregistered contractor to work under a registration issued to another
contractor; or
(d)
If the contractor is a contractor as defined in RCW 18.106.010, violate section
5 of this act.
(2)
Each day that a contractor works without being registered as required by this
chapter, works while the contractor's registration is suspended or revoked, or
works under a registration issued to another contractor is a separate
infraction. Each worksite at which a contractor works without being registered
as required by this chapter, works while the contractor's registration is
suspended or revoked, or works under a registration issued to another
contractor is a separate infraction.
