SHB 1841 -
By Senators Kohl-Welles, Parlette
ADOPTED 03/07/2006
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 19.28.041 and 2002 c 249 s 2 are each amended to read
as follows:
(1) It is unlawful for any person, firm, partnership, corporation,
or other entity to advertise, offer to do work, submit a bid, engage
in, conduct, or carry on the business of installing or maintaining
wires or equipment to convey electric current, or installing or
maintaining equipment to be operated by electric current as it pertains
to the electrical industry, without having an unrevoked, unsuspended,
and unexpired electrical contractor license, issued by the department
in accordance with this chapter. All electrical contractor licenses
expire twenty-four calendar months following the day of their issue.
The department may issue an electrical contractors license for a period
of less than twenty-four months only for the purpose of equalizing the
number of electrical contractor licenses that expire each month.
Application for an electrical contractor license shall be made in
writing to the department, accompanied by the required fee. The
application shall state:
(a) The name and address of the applicant; in case of firms or
partnerships, the names of the individuals composing the firm or
partnership; in case of corporations, the names of the managing
officials thereof;
(b) The location of the place of business of the applicant and the
name under which the business is conducted;
(c) Employer social security number;
(d) Evidence of workers' compensation coverage for the applicant's
employees working in Washington, as follows:
(i) The applicant's industrial insurance account number issued by
the department;
(ii) The applicant's self-insurer number issued by the department;
or
(iii) For applicants domiciled in a state or province of Canada
subject to an agreement entered into under RCW 51.12.120(7), as
permitted by the agreement, filing a certificate of coverage issued by
the agency that administers the workers' compensation law in the
applicant's state or province of domicile certifying that the applicant
has secured the payment of compensation under the other state's or
province's workers' compensation law;
(e) Employment security department number;
(f) State excise tax registration number;
(g) Unified business identifier (UBI) account number may be
substituted for the information required by (d) of this subsection if
the applicant will not employ employees in Washington, and by (e) and
(f) of this subsection; and
(h) Whether a general or specialty electrical contractor license is
sought and, if the latter, the type of specialty. Electrical
contractor specialties include, but are not limited to: Residential,
pump and irrigation, limited energy system, signs, nonresidential
maintenance, restricted nonresidential maintenance, appliance repair,
and a combination specialty. A general electrical contractor license
shall grant to the holder the right to engage in, conduct, or carry on
the business of installing or maintaining wires or equipment to carry
electric current, and installing or maintaining equipment, or
installing or maintaining material to fasten or insulate such wires or
equipment to be operated by electric current, in the state of
Washington. A specialty electrical contractor license shall grant to
the holder a limited right to engage in, conduct, or carry on the
business of installing or maintaining wires or equipment to carry
electrical current, and installing or maintaining equipment; or
installing or maintaining material to fasten or insulate such wires or
equipment to be operated by electric current in the state of Washington
as expressly allowed by the license.
(2) The department may verify the workers' compensation coverage
information provided by the applicant under subsection (1)(d) of this
section, including but not limited to information regarding the
coverage of an individual employee of the applicant. If coverage is
provided under the laws of another state, the department may notify the
other state that the applicant is employing employees in Washington.
(3) The application for an electrical contractor license shall be
accompanied by a bond in the sum of four thousand dollars with the
state of Washington named as obligee in the bond, with good and
sufficient surety, to be approved by the department. The bond shall at
all times be kept in full force and effect, and any cancellation or
revocation thereof, or withdrawal of the surety therefrom, suspends the
license issued to the principal until a new bond has been filed and
approved as provided in this section. Upon approval of a bond, the
department shall on the next business day deposit the fee accompanying
the application in the electrical license fund and shall file the bond
in the office. The department shall upon request furnish to any
person, firm, partnership, corporation, or other entity a certified
copy of the bond upon the payment of a fee that the department shall
set by rule. The fee shall cover but not exceed the cost of furnishing
the certified copy. The bond shall be conditioned that in any
installation or maintenance of wires or equipment to convey electrical
current, and equipment to be operated by electrical current, the
principal will comply with the provisions of this chapter and with any
electrical ordinance, building code, or regulation of a city or town
adopted pursuant to RCW 19.28.010(3) that is in effect at the time of
entering into a contract. The bond shall be conditioned further that
the principal will pay for all labor, including employee benefits, and
material furnished or used upon the work, taxes and contributions to
the state of Washington, and all damages that may be sustained by any
person, firm, partnership, corporation, or other entity due to a
failure of the principal to make the installation or maintenance in
accordance with this chapter or any applicable ordinance, building
code, or regulation of a city or town adopted pursuant to RCW
19.28.010(3). In lieu of the surety bond required by this section the
license applicant may file with the department a cash deposit or other
negotiable security acceptable to the department. If the license
applicant has filed a cash deposit, the department shall deposit the
funds in a special trust savings account in a commercial bank, mutual
savings bank, or savings and loan association and shall pay annually to
the depositor the interest derived from the account.
(4) The department shall issue general or specialty electrical
contractor licenses to applicants meeting all of the requirements of
this chapter. The provisions of this chapter relating to the licensing
of any person, firm, partnership, corporation, or other entity
including the requirement of a bond with the state of Washington named
as obligee therein and the collection of a fee therefor, are exclusive,
and no political subdivision of the state of Washington may require or
issue any licenses or bonds or charge any fee for the same or a similar
purpose. No person, firm, partnership, corporation, or other entity
holding more than one specialty contractor license under this chapter
may be required to pay an annual fee for more than one such license or
to post more than one four thousand dollar bond, equivalent cash
deposit, or other negotiable security.
(5) To obtain a general or specialty electrical contractor license
the applicant must designate an individual who currently possesses a
valid master journeyman electrician's certificate of competency, master
specialty electrician's certificate of competency in the specialty for
which application has been made, or administrator's certificate as a
general electrical contractor administrator or as a specialty
electrical contractor administrator in the specialty for which
application has been made.
(6) Administrator certificate specialties include but are not
limited to: Residential, pump and irrigation, limited energy system,
signs, nonresidential maintenance, restricted nonresidential
maintenance, appliance repair, and combination specialty. To obtain an
administrator's certificate an individual must pass an examination as
set forth in RCW 19.28.051 unless the applicant was a licensed
electrical contractor at any time during 1974. Applicants who were
electrical contractors licensed by the state of Washington at any time
during 1974 are entitled to receive a general electrical contractor
administrator's certificate without examination if the applicants apply
prior to January 1, 1984. The board of electrical examiners shall
certify to the department the names of all persons who are entitled to
either a general or specialty electrical contractor administrator's
certificate.
Sec. 2 RCW 19.28.161 and 2002 c 249 s 4 are each amended to read
as follows:
(1) No person may engage in the electrical construction trade
without having a valid master journeyman electrician certificate of
competency, journeyman electrician certificate of competency, master
specialty electrician certificate of competency, or 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, pump and
irrigation, limited energy system, signs, nonresidential maintenance,
restricted nonresidential maintenance, and appliance repair.
(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 master
journeyman electrician, journeyman electrician, master specialty
electrician in that electrician's specialty, or 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 master journeyman electrician,
journeyman electrician, master specialty electrician working in that
electrician's specialty, or specialty electrician working in that
electrician's specialty. The holder of the electrical training
certificate shall renew the certificate biennially. 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 biennial period and the number of hours worked for each
employer, and proof of sixteen hours of approved classroom electrical
continuing education courses covering this chapter, the national
electrical code, or electrical theory, or the equivalent electrical
training courses taken as part of an approved apprenticeship program
under chapter 49.04 RCW or an approved electrical training program
under RCW 19.28.191(1)(h). This education requirement is effective
July 1, 2007. A biennial 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 certified master journeyman
electrician, journeyman electrician, master specialty electrician
working in that electrician's specialty, or specialty electrician
working in that electrician's specialty. Either a certified master
journeyman electrician, journeyman electrician, master specialty
electrician working in that electrician's specialty, or specialty
electrician working in that electrician's specialty 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.
(4) The ratio of noncertified individuals to certified master
journeymen electricians, journeymen electricians, master specialty
electricians, or specialty electricians on any one job site is as
follows:
(a) When working as a specialty electrician, not more than two
noncertified individuals for every certified master specialty
electrician working in that electrician's specialty, specialty
electrician working in that electrician's specialty, master journeyman
electrician, or journeyman electrician, except that the ratio
requirements are one certified master specialty electrician working in
that electrician's specialty, specialty electrician working in that
electrician's specialty, master journeyman electrician, or journeyman
electrician working as a specialty electrician to no more than four
students enrolled in and working as part of an electrical construction
program at public community or technical colleges, or not-for-profit
nationally accredited trade or technical schools licensed by the work
force training and education coordinating board under chapter 28C.10
RCW. In meeting the ratio requirements for students enrolled in an
electrical construction program at a trade school, a trade school may
receive input and advice from the electrical board; and
(b) When working as a journeyman electrician, not more than one
noncertified individual for every certified master journeyman
electrician or journeyman electrician, except that the ratio
requirements shall be one certified master journeyman electrician or
journeyman electrician to no more than four students enrolled in and
working as part of an electrical construction program at public
community or technical colleges, or not-for-profit nationally
accredited trade or technical schools licensed by the work force
training and education coordinating board under chapter 28C.10 RCW. In
meeting the ratio requirements for students enrolled in an electrical
construction program at a trade school, a trade school may receive
input and advice from the electrical board.
An individual who has a current training certificate and who has
successfully completed or is currently enrolled in an approved
apprenticeship program or in an electrical construction program at
public community or technical colleges, or not-for-profit nationally
accredited technical or trade schools licensed by the work force
training and education coordinating board under chapter 28C.10 RCW, may
work without direct on-site supervision during the last six months of
meeting the practical experience requirements of this chapter.
(5) For the residential (as specified in WAC 296-46A-930(2)(a)),
pump and irrigation (as specified in WAC 296-46A-930(2)(b)(i)), sign
(as specified in WAC 296-46A-930(2)(c)), limited energy (as specified
in WAC 296-46A-930(2)(e)(i)), nonresidential maintenance (as specified
in WAC 296-46A-930(2)(f)(i)), restricted nonresidential maintenance as
determined by the department in rule, or other new nonresidential
specialties, not including appliance repair, as determined by the
department in rule, either a master journeyman electrician, journeyman
electrician, master specialty electrician working in that electrician's
specialty, or specialty electrician working in that electrician's
specialty must be on the same job site as the noncertified individual
for a minimum of seventy-five percent of each working day. Other
specialties must meet the requirements specified in RCW
19.28.191(1)(((f)(ii))) (g)(ii). When the ratio of certified
electricians to noncertified individuals on a job site is one certified
electrician to three or four noncertified individuals, the certified
electrician must:
(a) Directly supervise and instruct the noncertified individuals
and the certified electrician may not directly make or engage in an
electrical installation; and
(b) Be on the same job site as the noncertified individual for a
minimum of one hundred percent of each working day.
(6) The electrical contractor shall accurately verify and attest to
the electrical trainee hours worked by electrical trainees on behalf of
the electrical contractor."
SHB 1841 -
By Senators Kohl-Welles, Parlette
ADOPTED 03/07/2006
On page 1, line 1 of the title, after "trainees" strike the remainder of the title and insert "and contractor licenses; and amending RCW 19.28.041 and 19.28.161."