BILL REQ. #: H-3680.2
State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 01/29/14.
AN ACT Relating to requiring completion of an apprenticeship program to receive a journeyman or residential specialty electrician certificate of competency; amending RCW 19.28.161, 19.28.191, and 19.28.205; adding a new section to chapter 19.28 RCW; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 19.28.161 and 2013 c 23 s 29 are each amended to read
as follows:
(1) No person may engage in the electrical construction trade
without having a valid master journey level electrician certificate of
competency, journey level 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. ((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) A person who is ((indentured)): (i) Registered in an
apprenticeship program approved under chapter 49.04 RCW for the
electrical construction trade ((or who is)); (ii) learning the
electrical construction trade while working in a specialty other than
residential; or (iii) learning the electrical construction trade in a
program described in RCW 19.28.191(1) (f) or (g) for a journey level or
residential specialty certificate of competency may work in the
electrical construction trade if supervised by a certified master
journey level electrician, journey level electrician, master specialty
electrician in that electrician's specialty, or specialty electrician
in that electrician's specialty.
(b) 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 journey level electrician, journey level 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.
(c)(i) 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.
(ii) Apprentices and individuals learning the electrical
construction trade must also have in their possession proof of
apprenticeship or training program registration. They shall show their
apprenticeship or training program registration documents to an
authorized representative of the department at the representative's
request. This subsection (2)(c)(ii) does not apply to individuals
working in a specialty other than residential.
(3) Any person who has been issued an electrical training
certificate under this chapter may work: (a) If that person is under
supervision, and (b) unless working in a specialty other than
residential, is: (i) Registered in an approved journey level program
or apprenticeship program, as appropriate; or (ii) is learning the
electrical construction trade in a program described in RCW
19.28.191(1) (f) or (g) for a journey level or residential specialty
certificate of competency. Supervision shall consist of a person being
on the same job site and under the control of either a certified master
journey level electrician, journey level electrician, master specialty
electrician working in that electrician's specialty, or specialty
electrician working in that electrician's specialty. Either a
certified master journey level electrician, journey level 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
journey level electricians, journey level 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 journey
level electrician, or journey level 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 journey level electrician, or journey
level 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 journey level electrician, not more than one
noncertified individual for every certified master journey level
electrician or journey level electrician, except that the ratio
requirements shall be one certified master journey level electrician or
journey level 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 journey level electrician, journey level 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)))(d)(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. 2 RCW 19.28.191 and 2013 c 23 s 30 are each amended to read
as follows:
(1) Upon receipt of the application, the department shall review
the application and determine whether the applicant is eligible to take
an examination for the master journey level electrician, journey level
electrician, master specialty electrician, or specialty electrician
certificate of competency.
(a) ((Before July 1, 2005, an applicant who possesses a valid
journey level electrician certificate of competency in effect for the
previous four years and a valid general administrator's certificate may
apply for a master journey level electrician certificate of competency
without examination.)) To be eligible to take the examination for a master journey
level electrician certificate of competency, the applicant must have
possessed a valid journey level electrician certificate of competency
for four years.
(b) Before July 1, 2005, an applicant who possesses a valid
specialty electrician certificate of competency, in the specialty
applied for, for the previous two years and a valid specialty
administrator's certificate, in the specialty applied for, may apply
for a master specialty electrician certificate of competency without
examination.
(c) Before December 1, 2003, the following persons may obtain an
equipment repair specialty electrician certificate of competency
without examination:
(i) A person who has successfully completed an apprenticeship
program approved under chapter 49.04 RCW for the machinist trade; and
(ii) A person who provides evidence in a form prescribed by the
department affirming that: (A) He or she was employed as of April 1,
2003, by a factory-authorized equipment dealer or service company; and
(B) he or she has worked in equipment repair for a minimum of four
thousand hours.
(d)
(((e))) (b) To be eligible to take the examination for a master
specialty electrician certificate of competency, the applicant must
have possessed a valid specialty electrician certificate of competency,
in the specialty applied for, for two years.
(((f))) (c) To be eligible to take the examination for a journey
level certificate of competency, the applicant must have((:)) successfully completed an apprenticeship program approved
under chapter 49.04 RCW for the electrical construction trade in which
the applicant worked in the electrical construction trade for a minimum
of eight thousand hours((
(i), of which)). Four thousand of the hours
shall be in industrial or commercial electrical installation under the
supervision of a master journey level electrician or journey level
electrician and not more than a total of four thousand hours in all
specialties under the supervision of a master journey level
electrician, journey level electrician, master specialty electrician
working in that electrician's specialty, or specialty electrician
working in that electrician's specialty. Specialty electricians with
less than a four thousand hour work experience requirement cannot
credit the time required to obtain that specialty towards qualifying to
become a journey level electrician((; or)).
(ii) Successfully completed an apprenticeship program approved
under chapter 49.04 RCW for the electrical construction trade
(((g))) (d) To be eligible to take the examination for ((a)) the
following specialty electrician certificates of competency, the
applicant must have:
(i) Worked in 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)), or other new
nonresidential specialties as determined by the department in rule
under the supervision of a master journey level electrician, journey
level electrician, master specialty electrician working in that
electrician's specialty, or specialty electrician working in that
electrician's specialty for a minimum of four thousand hours;
(ii) Worked in the appliance repair specialty as determined by the
department in rule, restricted nonresidential maintenance as determined
by the department in rule, the equipment repair specialty as determined
by the department in rule, the pump and irrigation specialty other than
as defined by (((g))) (d)(i) of this subsection or domestic pump
specialty as determined by the department in rule, or a specialty other
than the designated specialties in (((g))) (d)(i) of this subsection
for a minimum of the initial ninety days, or longer if set by rule by
the department. The restricted nonresidential maintenance specialty is
limited to a maximum of 277 volts and 20 amperes for lighting branch
circuits and/or a maximum of 250 volts and 60 amperes for other
circuits, but excludes the replacement or repair of circuit breakers.
The initial period must be spent under one hundred percent supervision
of a master journey level electrician, journey level electrician,
master specialty electrician working in that electrician's specialty,
or specialty electrician working in that electrician's specialty.
After this initial period, a person may take the specialty examination.
If the person passes the examination, the person may work unsupervised
for the balance of the minimum hours required for certification. A
person may not be certified as a specialty electrician in the appliance
repair specialty or in a specialty other than the designated
specialities in (((g))) (d)(i) of this subsection, however, until the
person has worked a minimum of two thousand hours in that specialty, or
longer if set by rule by the department;
(iii) Successfully completed an approved apprenticeship program
under chapter 49.04 RCW for the applicant's specialty in the electrical
construction trade; or
(iv) In meeting the training requirements for the pump and
irrigation or domestic pump specialties, the individual shall be
allowed to obtain the experience required by this section at the same
time the individual is meeting the experience required by RCW
18.106.040(1)(c). After meeting the training requirements provided in
this section, the individual may take the examination and upon passing
the examination, meeting additional training requirements as may still
be required for those seeking a pump and irrigation, or a domestic pump
specialty certificate as defined by rule, and paying the applicable
fees, the individual must be issued the appropriate certificate. The
department may include an examination for specialty plumbing
certificate defined in RCW 18.106.010(10)(c) with the examination
required by this section. The department, by rule and in consultation
with the electrical board, may establish additional equivalent ways to
gain the experience requirements required by this subsection.
Individuals who are able to provide evidence to the department, prior
to January 1, 2007, that they have been employed as a pump installer in
the pump and irrigation or domestic pump business by an appropriately
licensed electrical contractor, registered general contractor defined
by chapter 18.27 RCW, or appropriate general specialty contractor
defined by chapter 18.27 RCW for not less than eight thousand hours in
the most recent six calendar years shall be issued the appropriate
certificate by the department upon receiving such documentation and
applicable fees. The department shall establish a single document for
those who have received both an electrical specialty certification as
defined by this subsection and have also met the certification
requirements for the specialty plumber as defined by RCW
18.106.010(10)(c), showing that the individual has received both
certifications. No other experience or training requirements may be
imposed.
(((h))) (e) To be eligible to take the examination for a
residential (as specified in WAC 296-46B-920(2)(a)) specialty
electrician certificate of competency, the applicant must have
successfully completed an approved apprenticeship program under chapter
49.04 RCW for the residential specialty electrical construction trade
in which the applicant worked under the supervision of a master journey
level electrician, journey level electrician, master residential
specialty electrician, or residential specialty electrician working for
a minimum of four thousand hours.
(f) Any applicant for a journey level electrician certificate of
competency who has successfully completed a two-year program in the
electrical construction trade 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 substitute up to two years of the
technical or trade school program for two years of work experience
under a master journey level electrician or journey level electrician
required under the apprenticeship program. The applicant shall obtain
the additional two years of work experience required in industrial or
commercial electrical installation prior to the beginning, or after the
completion, of the technical school program. Any applicant who has
received training in the electrical construction trade in the armed
service of the United States may be eligible to apply armed service
work experience towards qualification to complete an apprenticeship and
take the examination for the journey level electrician certificate of
competency.
(((i))) (g) An applicant for a specialty electrician certificate of
competency who((, after January 1, 2000,)) has successfully completed
a two-year program in the electrical construction trade at a public
community or technical college, or a not-for-profit nationally
accredited technical or trade school licensed by the workforce training
and education coordinating board under chapter 28C.10 RCW, may
substitute up to one year of the technical or trade school program for
one year of work experience under a master journey level electrician,
journey level electrician, master specialty electrician working in that
electrician's specialty, or specialty electrician working in that
electrician's specialty. Any applicant who has received training in
the electrical construction trade in the armed services of the United
States may be eligible to apply armed service work experience towards
qualification to take the examination for an appropriate specialty
electrician certificate of competency. An applicant for a residential
specialty certificate of competency may substitute work experience
under this section only as part of an apprenticeship program.
(((j))) (h) The department must determine whether hours of training
and experience in the armed services or school program are in the
electrical construction trade and appropriate as a substitute for hours
of work experience. The department must use the following criteria for
evaluating the equivalence of classroom electrical training programs
and work in the electrical construction trade:
(i) A two-year electrical training program must consist of three
thousand or more hours.
(ii) In a two-year electrical training program, a minimum of two
thousand four hundred hours of student/instructor contact time must be
technical electrical instruction directly related to the scope of work
of the electrical specialty. Student/instructor contact time includes
lecture and in-school lab.
(iii) The department may not allow credit for a program that
accepts more than one thousand hours transferred from another school's
program.
(iv) Electrical specialty training school programs of less than two
years will have all of the above student/instructor contact time hours
proportionately reduced. Such programs may not apply to more than
fifty percent of the work experience required to attain certification.
(v) Electrical training programs of less than two years may not be
credited towards qualification for journey level electrician unless the
training program is used to gain qualification for a four thousand hour
electrical specialty.
(((k))) (i) No other requirement for eligibility may be imposed.
(2) The department shall establish reasonable rules for the
examinations to be given applicants for certificates of competency. In
establishing the rules, the department shall consult with the board.
Upon determination that the applicant is eligible to take the
examination, the department shall so notify the applicant, indicating
the time and place for taking the examination.
(3) No noncertified individual may work unsupervised more than one
year beyond the date when the trainee would be eligible to test for a
certificate of competency if working on a full-time basis after
original application for the trainee certificate. For the purposes of
this section, "full-time basis" means two thousand hours.
Sec. 3 RCW 19.28.205 and 2013 c 23 s 32 are each amended to read
as follows:
(1) An applicant for a journey level certificate of competency
under RCW 19.28.191(1)(((f)))(c) or a specialty electrician certificate
of competency under RCW 19.28.191(1)(((g)))(d) must demonstrate to the
satisfaction of the department completion of in-class education as
follows:
(a) Twenty-four hours of in-class education if two thousand hours
or more but less than four thousand hours of work are required for the
certificate;
(b) Forty-eight hours of in-class education if four thousand or
more but less than six thousand hours of work are required for the
certificate;
(c) Seventy-two hours of in-class education if six thousand or more
but less than eight thousand hours of work are required for the
certificate;
(d) Ninety-six hours of in-class education if eight thousand or
more hours of work are required for the certificate.
(2) For purposes of this section, "in-class education" means
approved classroom training covering this chapter, the national
electric 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)))(f).
(3) Classroom training taken to qualify for trainee certificate
renewal under RCW 19.28.161 qualifies as in-class education under this
section.
NEW SECTION. Sec. 4 A new section is added to chapter 19.28 RCW
to read as follows:
The department may permit an applicant who obtained experience and
training equivalent to a journey level or residential specialty
apprenticeship program to take the examination if the applicant
establishes that the applicant has the equivalent training and
experience and demonstrates good cause for not completing the required
minimum hours of work under standards applicable on the effective date
of this section.
NEW SECTION. Sec. 5 Section 4 of this act expires July 1, 2021.
NEW SECTION. Sec. 6 This act takes effect July 1, 2019.