BILL REQ. #: H-1375.1
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 02/12/13. Referred to Committee on Labor & Workforce Development.
AN ACT Relating to credential and permit requirements for generator load bank testing; amending RCW 19.28.161 and 19.28.101; and reenacting and amending RCW 19.28.041.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 19.28.041 and 2006 c 224 s 1 and 2006 c 185 s 5 are
each reenacted and 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. A specialty electrical contractor
license in nonresidential maintenance includes the right to engage in,
conduct, or carry on the business of load bank testing of generators
and the related connection of cables.
(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 or domestic pump, 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.
(7) For a contractor doing domestic water pumping system work as
defined by RCW 18.106.010(10)(c), the department shall consider the
requirements of subsections (1)(a) through (h), (2), and (3) of this
section to have been met to be a pump and irrigation or domestic pump
licensed electrical contractor if the contractor has met the contractor
registration requirements of chapter 18.27 RCW. The department shall
establish a single registration/licensing document for those who
qualify for both general contractor registration as defined in chapter
18.27 RCW and a pump and irrigation or domestic pump electrical
contractor license as defined by this chapter.
Sec. 2 RCW 19.28.161 and 2010 c 33 s 1 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. A
speciality electrician certificate of competency in nonresidential
maintenance includes the right to engage in, conduct, or carry on the
business of load bank testing of generators and the related connection
of cables. Until July 1, 2007, the department of labor and industries
shall issue a written warning to any specialty pump and irrigation or
domestic pump electrician not having a valid electrician certification.
The warning will state that the individual must apply for an electrical
training certificate or be qualified for and apply for electrician
certification under the requirements in RCW 19.28.191(1)(g) within
thirty calendar days of the warning. Only one warning will be issued
to any individual. If the individual fails to comply with this
section, the department shall issue a penalty as defined in RCW
19.28.271 to the individual.
(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 certificate may include a photograph of
the holder. 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. The
holder shall also provide proof of sixteen hours of: Approved
classroom training covering this chapter, the national electrical code,
or electrical theory; or equivalent classroom training 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). The
number of hours of approved classroom training required for certificate
renewal shall increase as follows: (a) Beginning on July 1, 2011, the
holder of an electrical training certificate shall provide the
department with proof of thirty-two hours of approved classroom
training; and (b) beginning on July 1, 2013, the holder of an
electrical training certificate shall provide the department with proof
of forty-eight hours of approved classroom training. At the request of
the chairs of the house of representatives commerce and labor committee
and the senate labor, commerce and consumer protection committee, or
their successor committees, the department of labor and industries
shall provide information on the implementation of the new classroom
training requirements for electrical trainees to both committees by
December 1, 2012. 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
workforce 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 workforce
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 workforce
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 296-46B-920(2)(a)),
pump and irrigation (as specified in WAC 296-46B-920(2)(b)), sign (as
specified in WAC 296-46B-920(2)(d)), limited energy (as specified in
WAC 296-46B-920(2)(e)), nonresidential maintenance (as specified in WAC
296-46B-920(2)(g)), 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)(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.
Sec. 3 RCW 19.28.101 and 2008 c 181 s 201 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 except
for basic electrical work as defined in this chapter. The department
may not require an electrical work permit for class A basic electrical
work unless deficiencies in the installation or repair require
inspection. The department may not require an electrical work permit
to conduct load bank testing of generators and the related connection
of cables. The department may inspect class B basic electrical work on
a random basis as specified by the department in rule. 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(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.
(8) During a state of emergency declared under RCW 43.06.010(12),
the governor may waive or suspend the collection of fees under this
section or any portion of this section or under any administrative
rule, and issue any orders to facilitate the operation of state or
local government or to promote and secure the safety and protection of
the civilian population.