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ENGROSSED HOUSE BILL NO. 1492
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AS AMENDED BY THE SENATESL_PLINF-ON
C 081 L 88 SL_PLINF-OFF
State of Washington 50th Legislature 1988 Regular SessionSPONSORS-ON
By Representatives H. Sommers and Chandler; by request of Governor Gardner
SPONSORS-OFF
Read first time 1/18/88 and referred to Committee on State Government.
BILLBODY-FOR
AN ACT Relating to state boards and commissions; amending RCW 19.28.005, 19.28.015, 19.28.060, 19.28.065, 19.28.123, 19.28.125, 19.28.210, 19.28.260, 19.28.300, 19.28.310, 19.28.330, 19.28.350, 19.28.530, 19.28.540, 19.28.580, 19.28.620, 38.52.040, 46.48.170, 76.44.020, and 43.46.045; repealing RCW 31.30.140, 46.48.190, and 76.44.022; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART I
BOARD OF ELECTRICAL EXAMINERS AND ELECTRICAL ADVISORY BOARD
BEGSEC-AMD-ON
Sec. 1. Section 1, chapter 206, Laws of 1983 as amended by section 1, chapter 156, Laws of 1986 and RCW 19.28.005 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON The definitions in this section apply throughout this chapter.
(1) "Administrator" means a person designated by an electrical contractor to supervise electrical work and electricians in accordance with the rules adopted under this chapter.
(2) "((Advisory)) Board
means the electrical ((advisory)) board under RCW 19.28.065.
(3) (("Board of electrical
examiners" means the board of electrical examiners under RCW 19.28.123.
(4))) "Chapter" means
chapter 19.28 RCW.
(((5))) (4)
"Department" means the department of labor and industries.
(((6))) (5) "Director"
means the director of the department or the director's designee.
(((7))) (6) "Electrical
construction trade" includes but is not limited to installing or
maintaining electrical wires and equipment that are used for light, heat, or
power and installing and maintaining remote control, signaling, power limited,
or communication circuits or systems.
(((8))) (7) "Electrical
contractor" means a person, firm, partnership, corporation, or other entity
that offers to undertake, undertakes, submits a bid for, or does the work of
installing or maintaining wires or equipment that convey electrical current.
(((9))) (8) "Equipment"
means any equipment or apparatus that directly uses, conducts, or is operated
by electricity but does not mean plug-in household appliances.
(((10))) (9) "Journeyman
electrician" means a person who has been issued a journeyman electrician
certificate of competency by the department.
(((11))) (10) "Specialty
electrician" means a person who has been issued a specialty electrician
certificate of competency by the department. RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 2. Section 3, chapter 206, Laws of 1983 and RCW 19.28.015 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON Disputes
arising under RCW 19.28.010(2) regarding whether the city or town's electrical
rules, regulations, or ordinances are equal to the rules adopted by the
department shall be resolved by arbitration. The department shall appoint two
members of the ((advisory)) board to serve on the arbitration panel, and
the city or town shall appoint two persons to serve on the arbitration panel.
These four persons shall choose a fifth person to serve. If the four persons
cannot agree on a fifth person, the presiding judge of the superior court of
the county in which the city or town is located shall choose a fifth person. A
decision of the arbitration panel may be appealed to the superior court of the
county in which the city or town is located within thirty days after the date
the panel issues its final decision. RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 3. Section 10, chapter 169, Laws of 1935 as last amended by section 3, chapter 156, Laws of 1986 and RCW 19.28.060 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON Prior
to January 1st of each year, the director shall obtain an authentic copy of the
national electrical code as approved by the American Standards Association, and
an authentic copy of any applicable regulations and standards of the
Underwriters' Laboratories, Inc., or other electrical product testing
laboratory which is accredited by the department prescribing rules,
regulations, and standards for electrical materials, devices, appliances, and
equipment, including any modifications and changes that have been made during
the previous year in the rules, regulations, and standards. The department,
after consulting with the ((advisory)) board and receiving the board's
recommendations, shall adopt reasonable rules in furtherance of safety to life
and property. All rules shall be kept on file by the department. Compliance
with the rules shall be prima facie evidence of compliance with this chapter.
The department upon request shall deliver to all persons, firms, partnerships,
corporations, or other entities licensed under this chapter a copy of the
rules. RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 4. Section 5, chapter 207, Laws of 1963 as last amended by section 56, chapter 287, Laws of 1984 and RCW 19.28.065 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON There
is hereby created an electrical ((advisory)) board, consisting of ((seven))
ten members to be appointed by the governor with the advice of the
director of labor and industries as herein provided. It shall be the purpose
and function of the board to advise the director on all matters pertaining to
the enforcement of this chapter including, but not limited to standards of
electrical installation, minimum inspection procedures, and the adoption of
rules and regulations pertaining to the electrical inspection division:
PROVIDED, HOWEVER, That no rules or regulations shall be amended or repealed
until the electrical ((advisory)) board has first had an opportunity to
consider any proposed amendments or repeals and had an opportunity to make
recommendations to the director relative thereto. The members of the
electrical ((advisory)) board shall be selected and appointed as
follows: One member shall be an employee or officer of a corporation or public
agency generating or distributing electric power; ((one)) three
members shall be ((an employee or officer of a corporation or firm
engaged in the business of making electrical installations)) licensed
electrical contractors: PROVIDED, That one of these members may be a
representative of a trade association in the electrical industry; one
member shall be an employee, or officer, or representative of a corporation or
firm engaged in the business of manufacturing or distributing electrical
materials, equipment, or devices; one member shall be a person with
knowledge of the electrical industry, not related to the electrical
industry, to represent the public; ((one)) three members
shall be ((a recognized)) certified electricians; and
one member shall be a licensed professional electrical engineer
qualified to do business in the state of Washington((; and one member shall
be the state chief electrical inspector. Each of the members except the public
member and the chief electrical inspector shall be appointed by the governor
from among a list of individuals nominated by nonprofit organizations or
associations representing individuals, corporations, or firms engaged in the
business classification from which such member shall be selected)). The
regular term of each member shall be four years: PROVIDED, HOWEVER, The
original board shall be appointed on the effective date of this 1988 section
for the following terms: The first term of the member representing a
corporation or public agency generating or distributing electric power shall
serve four years; ((the)) two members representing ((the
installer of electrical equipment or appliances)) licensed electrical
contractors shall serve three years; the member representing a manufacturer
or distributor of electrical equipment or devices shall serve three years; the
member representing the public and one member representing licensed
electrical contractors shall serve two years; the three members
selected as ((the recognized)) certified electricians
shall serve for ((two years)) terms of one, two, and three years,
respectively; the member selected as the licensed professional electrical
engineer shall serve for one year. In appointing the original board, the
governor shall give due consideration to the value of continuity in membership
from predecessor boards. Thereafter, the governor shall appoint or
reappoint board members for terms of four years and to fill vacancies created
by the completion of the terms of the original members. The governor shall
also fill vacancies caused by death, resignation, or otherwise for the
unexpired term of such members by appointing their successors from the same
business classification. The same procedure shall be followed in making such
subsequent appointments as is provided for the original appointments. The
board, at this first meeting shall elect one of its members to serve as
chairman. Any person acting as the chief electrical inspector shall serve as
secretary of the board during his tenure as chief state inspector. Meetings of
the board shall be ((called at the discretion of the director of labor and
industries)) held at least quarterly in accordance with a schedule established
by the board. Each member of the board shall receive compensation in
accordance with RCW 43.03.240 and shall be reimbursed for travel expenses
in accordance with RCW 43.03.050 and 43.03.060 which shall be paid out of the
electrical license fund, upon vouchers approved by the director of labor and
industries. RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 5. Section 2, chapter 188, Laws of 1974 ex. sess. as last amended by section 6, chapter 156, Laws of 1986 and RCW 19.28.123 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON ((There
is hereby created a board of electrical examiners consisting of nine members to
be appointed by the governor.)) It shall be the purpose and function of ((this))
the board to establish, in addition to a general electrical
contractors' license, such classifications of specialty electrical contractors'
licenses as it deems appropriate with regard to individual sections pertaining
to state adopted codes in chapter 19.28 RCW. In addition, it shall be the
purpose and function of ((this)) the board to establish and
administer written examinations for general electrical contractors' qualifying
certificates and the various specialty electrical contractors' qualifying
certificates. Examinations shall be designed to reasonably insure that general
and specialty electrical contractor's qualifying certificate holders are competent
to engage in and supervise the work covered by this statute and their
respective licenses. The examinations shall include questions from the
following categories to assure proper safety and protection for the general
public: (1) Safety, (2) state electrical code, and (3) electrical theory. The
department with the consent of the board ((of electrical examiners))
shall be permitted to enter into a contract with a professional testing agency
to develop, administer, and score these examinations. It shall be the further
purpose and function of this board to advise the director as to the need of
additional electrical inspectors and compliance officers to be utilized by the
director on either a full-time or part-time employment basis and to carry out
the duties enumerated in RCW 19.28.510 through 19.28.620 as well as generally
advise the department on all matters relative to RCW 19.28.510 through
19.28.620. ((Meetings of the board shall be held quarterly on the first
Monday of February, May, August, and November of each year. Each member of the
board shall be compensated in accordance with RCW 43.03.240, and each member
shall also receive travel expenses as provided in RCW 43.03.050 and 43.03.060,
which shall be paid out of the electrical license fund, upon vouchers approved
by the director of labor and industries.)) RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 6. Section 4, chapter 188, Laws of 1974 ex. sess. as last amended by section 7, chapter 156, Laws of 1986 and RCW 19.28.125 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON (1)
Each applicant for an electrical contractor's license, other than an
individual, shall designate a supervisory employee or member of the firm to
take the required administrator's examination. Effective July 1, 1987, a
supervisory employee designated as the administrator shall be a full-time
supervisory employee. This person shall be designated as administrator under
the license. No person may qualify as administrator for more than one contractor.
If the relationship of the administrator with the electrical contractor is
terminated, the contractor's license is void within ninety days unless another
administrator is qualified by the board ((of electrical examiners)).
However, if the administrator dies, the contractor's license is void within one
hundred eighty days unless another administrator is qualified by the board ((of
electrical examiners)). A certificate issued under this section is valid
for two years from the nearest birthdate of the administrator, unless revoked
or suspended, and further is nontransferable. The certificate may be renewed
for a two-year period without examination by appropriate application unless the
certificate has been revoked, suspended, or not renewed within ninety days
after the expiration date. If the certificate is not renewed before the
expiration date, the individual shall pay twice the usual fee. An individual
holding more than one administrator's certificate under this chapter shall not
be required to pay annual fees for more than one certificate. A person may
take the administrator's test as many times as necessary without limit.
(2) The administrator shall:
(a) Be a member of the firm or a supervisory employee and shall be available during working hours to carry out the duties of an administrator under this section;
(b) Ensure that all electrical work complies with the electrical installation laws and rules of the state;
(c) Ensure that the proper electrical safety procedures are used;
(d) Ensure that all electrical labels, permits, and licenses required to perform electrical work are used;
(e) See that corrective notices issued by an inspecting authority are complied with; and
(f) Notify the department in writing within ten days if the administrator terminates the relationship with the electrical contractor.
(3) The department shall not by rule change the administrator's duties under subsection (2) of this section. RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 7. Section 8, chapter 169, Laws of 1935 as last amended by section 7, chapter 206, Laws of 1983 and RCW 19.28.210 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON The
director shall cause an inspector to inspect all wiring, appliances, devices,
and equipment to which this chapter applies. 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(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. 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. 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. 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. The director, subject to
the recommendations and approval of the ((advisory)) 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 34.04
RCW. No fee may be charged for plug-in mobile homes, recreational vehicles, or
portable appliances. RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 8. Section 2, chapter 169, Laws of 1935 as amended by section 9, chapter 206, Laws of 1983 and RCW 19.28.260 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON It
is unlawful for any person, firm, partnership, corporation, or other entity to
install or maintain any electrical wiring, appliances, devices, or equipment
not in accordance with this chapter. In cases where the interpretation and
application of the installation or maintenance standards prescribed in this
chapter is in dispute or in doubt, the ((advisory)) board shall, upon
application of any interested person, firm, partnership, corporation, or other
entity, determine the methods of installation or maintenance or the materials,
devices, appliances, or equipment to be used in the particular case submitted
for its decision. RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 9. Section 13, chapter 169, Laws of 1935 as amended by section 10, chapter 206, Laws of 1983 and RCW 19.28.300 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON Any
person, firm, partnership, corporation, or other entity desiring a decision of
the ((advisory)) board pursuant to RCW 19.28.260 shall, in writing,
notify the director of such desire and shall accompany the notice with a
certified check payable to the department in the sum of two hundred dollars.
The notice shall specify the ruling or interpretation desired and the
contention of the person, firm, partnership, corporation, or other entity as to
the proper interpretation or application on the question on which a decision is
desired. If the ((advisory)) board determines that the contention of
the applicant for a decision was proper, the two hundred dollars shall be
returned to the applicant; otherwise it shall be used in paying the expenses
and per diem of the members of the ((advisory)) board in connection with
the matter. Any portion of the two hundred dollars not used in paying the per
diem and expenses of the board in the case shall be paid into the electrical
license fund. RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 10. Section 7, chapter 169, Laws of 1935 as last amended by section 10, chapter 156, Laws of 1986 and RCW 19.28.310 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON The
department has the power, in case of continued noncompliance with the
provisions of this chapter, to revoke or suspend for such a period as it
determines, any electrical contractor license or electrical contractor
administrator certificate issued under this chapter. The department shall
notify the holder of the license or certificate of the revocation or suspension
by certified mail. A revocation or suspension is effective fifteen days after
the holder receives the notice. Any revocation or suspension is subject to
review by an appeal to the board ((of electrical examiners)). The
filing of an appeal stays the effect of a revocation or suspension until the
board ((of electrical examiners)) makes its decision. The appeal shall
be filed within fifteen days after notice of the revocation or suspension is
given by certified mail sent to the address of the holder of the license or
certificate as shown on the application for the license or certificate, and
shall be effected by filing a written notice of appeal with the department,
accompanied by a certified check for two hundred dollars, which shall be
returned to the holder of the license or certificate if the decision of the
department is not sustained by the board. The hearing shall be conducted in
accordance with chapter 34.04 RCW. If the board sustains the decision of the
department, the two hundred dollars shall be applied by the department to the
payment of the per diem and expenses of the members of the board incurred in
the matter, and any balance remaining after payment of per diem and expenses
shall be paid into the electrical license fund. RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 11. Section 18, chapter 169, Laws of 1935 as amended by section 1, chapter 67, Laws of 1979 ex. sess. and RCW 19.28.330 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON All
sums received from licenses, permit fees, or other sources, herein shall be
paid to the state treasurer and placed in a special fund designated as the
"electrical license fund," and by him paid out upon vouchers duly and
regularly issued therefor and approved by the director of labor and industries
or the director's designee following determination by the board ((of
electrical examiners)) that the sums are necessary to accomplish the intent
of chapter 19.28 RCW. The treasurer shall keep an accurate record of payments
into, or receipts of, said fund, and of all disbursements therefrom.
RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 12. Section 14, chapter 169, Laws of 1935 as last amended by section 11, chapter 156, Laws of 1986 and RCW 19.28.350 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON Any
person, firm, partnership, corporation, or other entity violating any of the
provisions of RCW 19.28.010 through ((19.28.380)) 19.28.360 shall
be assessed a penalty of not less than fifty dollars or more than ten thousand
dollars. The department shall set by rule a schedule of penalties for
violating RCW 19.28.010 through ((19.28.380)) 19.28.360. The
department shall notify the person, firm, partnership, corporation, or other
entity violating any of the provisions of RCW 19.28.010 through ((19.28.380))
19.28.360 of the amount of the penalty and of the specific violation by
certified mail, return receipt requested, sent to the last known address of the
assessed party. Any penalty is subject to review by an appeal to the board ((of
electrical examiners)). The filing of an appeal stays the effect of the
penalty until the board ((of electrical examiners)) makes its decision.
The appeal shall be filed within fifteen days after notice of the penalty is
given to the assessed party by certified mail, return receipt requested, sent
to the last known address of the assessed party and shall be made by filing a
written notice of appeal with the department. The notice shall be accompanied
by a certified check for two hundred dollars, which shall be returned to the
assessed party if the decision of the department is not sustained by the
board. If the board sustains the decision of the department, the two hundred
dollars shall be applied by the department to the payment of the per diem and
expenses of the members of the board incurred in the matter, and any balance
remaining after payment of per diem and expenses shall be paid into the
electrical license fund. The hearing and review procedures shall be conducted
in accordance with chapter 34.04 RCW. The board ((of electrical examiners))
shall assign its hearings to an administrative law judge to conduct the hearing
and issue a proposed decision and order. The board shall be allowed a minimum
of twenty days to review a proposed decision and shall issue its decision no
later than the next regularly scheduled board meeting.
RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 13. Section 4, chapter 30, Laws of 1980 as amended by section 14, chapter 206, Laws of 1983 and RCW 19.28.530 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON (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 journeyman or specialty certificate of competency. To be eligible to take the examination for a journeyman certificate the applicant must have worked in the electrical construction trade for a minimum of four years employed full time, of which two years shall be in industrial or commercial electrical installation under the supervision of a journeyman electrician certified under this chapter and not more than a total of two years in all specialties under the supervision of a journeyman electrician certified under this chapter or an appropriate specialty electrician certified under this chapter or have successfully completed an apprenticeship program approved under chapter 49.04 RCW for the electrical construction trade. To be eligible to take the examination to become a specialty electrician the applicant shall have worked in that specialty of the electrical construction trade, under the supervision of a journeyman electrician certified under this chapter or an appropriate specialty electrician certified under this chapter, for a minimum of two years employed full time, or have successfully completed an approved apprenticeship program under chapter 49.04 RCW for the applicant's specialty in the electrical construction trade. Before January 1, 1984, applicants for nonresidential maintenance specialty licenses are eligible to become nonresidential maintenance specialists upon certification to the department that they have the equivalent of two years full-time experience in that specialty field. Persons applying before January 1, 1984, for a journeyman certificate are eligible to take the examination to become journeymen until July 1, 1984, upon certification to the department that they have the equivalent of five years full-time experience in nonresidential maintenance, of which two years shall be in industrial electrical installation. Any applicant who has successfully completed a two-year technical school program in the electrical construction trade in a school that is approved by the commission for vocational education may substitute up to two years of the technical school program for two years of work experience under a journeyman electrician. 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 take the examination for the certificate of competency. Any applicant who is a graduate of a trade school program in the electrical construction trade that was established during 1946 is eligible to take the examination for the certificate of competency. 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 ((of electrical examiners)). 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.
RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 14. Section 5, chapter 30, Laws of 1980 as last amended by section 13, chapter 156, Laws of 1986 and RCW 19.28.540 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON The
department, in coordination with the board ((of electrical examiners)),
shall prepare an examination to be administered to applicants for journeyman
and specialty certificates of competency. The examination shall be constructed
to determine:
(1) Whether the applicant possesses varied general knowledge of the technical information and practical procedures that are identified with the status of journeyman electrician or specialty electrician; and
(2) Whether the applicant is sufficiently familiar with the applicable electrical codes and the rules of the department pertaining to electrical installations and electricians.
The department shall, at least four times annually, administer the examination to persons eligible to take it under RCW 19.28.530. A person may take the journeyman or specialty test as many times as necessary without limit. All applicants shall, before taking the examination, pay to the department an examination fee. The department shall set the fee by rule. The fee shall cover but not exceed the costs of preparing and administering the examination.
The department shall certify the results of the
examination upon such terms and after such a period of time as the department,
in cooperation with the board ((of electrical examiners)), deems
necessary and proper.
(3) The department upon the consent of the
board ((of electrical examiners)) may enter into a contract with a
professional testing agency to develop, administer, and score journeyman and/or
speciality electrician certification examinations. RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 15. Section 9, chapter 30, Laws of 1980 as amended by section 18, chapter 206, Laws of 1983 and RCW 19.28.580 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON (1) The department may revoke any certificate of competency upon the following grounds:
(a) The certificate was obtained through error or fraud;
(b) The holder thereof is judged to be incompetent to work in the electrical construction trade as a journeyman electrician or specialty electrician;
(c) The holder thereof has violated any of the provisions of RCW 19.28.510 through 19.28.620 or any rule adopted under this chapter.
(2) Before any certificate of competency shall
be revoked, the holder shall be given written notice of the department's
intention to do so, mailed by registered mail, return receipt requested, to the
holder's last known address. The notice shall enumerate the allegations
against the holder, and shall give the holder the opportunity to request a
hearing before the board ((of electrical examiners)). At the hearing,
the department and the holder may produce witnesses and give testimony. The
hearing shall be conducted in accordance with chapter 34.04 RCW. The board
shall render its decision based upon the testimony and evidence presented, and shall
notify the parties immediately upon reaching its decision. A majority of the
board shall be necessary to render a decision. RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 16. Section 13, chapter 30, Laws of 1980 as last amended by section 17, chapter 156, Laws of 1986 and RCW 19.28.620 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON (1)
It is unlawful for any person, firm, partnership, corporation, or other entity
to employ an individual for purposes of RCW 19.28.510 through 19.28.620 who has
not been issued a certificate of competency or a training certificate. It is
unlawful for any individual to engage in the electrical construction trade or
to maintain or install any electrical equipment or conductors without having in
his or her possession a certificate of competency or a training certificate
under RCW 19.28.510 through 19.28.620. Any person, firm, partnership,
corporation, or other entity found in violation of RCW 19.28.510 through
19.28.620 shall be assessed a penalty of not less than fifty dollars or more
than five hundred dollars. The department shall set by rule a schedule of
penalties for violating RCW 19.28.510 through 19.28.620. An appeal may be made
to the board ((of electrical examiners)) as is provided in RCW
19.28.350. The appeal shall be filed within fifteen days after the notice of
the penalty is given to the assessed party by certified mail, return receipt
requested, sent to the last known address of the assessed party and shall be
made by filing a written notice of appeal with the department. Any equipment
maintained or installed by any person who does not possess a certificate of
competency under RCW 19.28.510 through 19.28.620 shall not receive an
electrical work permit and electrical service shall not be connected or
maintained to operate the equipment. Each day that a person, firm,
partnership, corporation, or other entity violates the provisions of RCW
19.28.510 through 19.28.620 is a separate violation.
(2) A civil penalty shall be collected in a civil action brought by the attorney general in the county wherein the alleged violation arose at the request of the department if any of the provisions of RCW 19.28.510 through 19.28.620 or any rules promulgated under RCW 19.28.510 through 19.28.620 are violated. RCWSLTEXT-OFF
PART II
LAND BANK ADVISORY COMMITTEE
BEGSEC-NEW-ON
NEW SECTION. Sec. 17. Section 14, chapter 284, Laws of 1986 and RCW 31.30.140 are each repealed, effective June 30, 1988.
BEGSEC-NEW-OFF
PART III
TRANSPORTATION OF HAZARDOUS MATERIALS
BEGSEC-AMD-ON
Sec. 18. Section 5, chapter 178, Laws of 1951 as last amended by section 5, chapter 38, Laws of 1984 and RCW 38.52.040 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON There
is hereby created the emergency management council (hereinafter called the
council), to consist of not less than seven nor more than ((fifteen)) seventeen
members who shall be appointed by the governor. The council shall advise the
governor and the director on all matters pertaining to emergency management and
shall advise the chief of the Washington state patrol on safety in the
transportation of hazardous materials described in RCW 46.48.170. The
membership of the council shall include, but not be limited to, representatives
of city and county governments, sheriffs and police chiefs, the Washington
state patrol, local emergency management directors, search and rescue
volunteers, medical professions who have expertise in emergency medical care,
private industry, and local fire chiefs. The representatives of private
industry shall include persons knowledgeable in the handling and transportation
of hazardous materials. The council members shall elect a chairman from
within the council membership. The members of the council shall serve without
compensation, but may be reimbursed for their travel expenses incurred in the
performance of their duties in accordance with RCW 43.03.050 and 43.03.060 as
now existing or hereafter amended. RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 19. Section 46.48.170, chapter 12, Laws of 1961 as amended by section 1, chapter 20, Laws of 1980 and RCW 46.48.170 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON The
Washington state patrol acting by and through the chief of the Washington state
patrol shall have the authority to adopt and enforce the regulations
promulgated by the United States department of transportation, Title 49 CFR
parts 100 through 199, transportation of hazardous materials, as these
regulations apply to motor carriers. "Motor carrier" means any
person engaged in the transportation of passengers or property operating interstate
and intrastate upon the public highways of this state, except farmers. The
chief of the Washington state patrol shall confer with the ((committee
created by RCW 46.48.190)) emergency management council under RCW
38.52.040 and may make rules and regulations pertaining thereto, sufficient
to protect persons and property from unreasonable risk of harm or damage. The
chief of the Washington state patrol ((and the committee)) shall
establish such additional rules not inconsistent with Title 49 CFR parts 100
through 199, transportation of hazardous materials, which for compelling
reasons make necessary the reduction of risk associated with the transportation
of hazardous materials. No such rules may lessen a standard of care; however,
the chief of the Washington state patrol may, after conferring with the
((committee)) emergency management council, establish a rule
imposing a more stringent standard of care. The chief of the Washington state
patrol shall appoint the necessary qualified personnel to carry out the
provisions of RCW 46.48.170 through 46.48.190. RCWSLTEXT-OFFBEGSEC-AMD-ON
Sec. 20. Section 46.48.190, chapter 12, Laws of 1961, section 4, chapter 20, Laws of 1980 and RCW 46.48.190 are each repealed.
PART IV
INSTITUTE OF FOREST RESOURCES ADVISORY COMMISSION
BEGSEC-AMD-OFFBEGSEC-AMD-ON
Sec. 21. Section 2, chapter 177, Laws of 1947 as last amended by section 2, chapter 50, Laws of 1979 and RCW 76.44.020 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON The
institute of forest resources shall be administered by the dean of the college
of forest resources of the University of Washington who shall also be the
director of the institute ((with the advice of a nonsalaried commission
which shall function in a role of review, oversight, and policy formulation for
the institute and which shall annually report their findings and
recommendations to the president for consideration)).
RCWSLTEXT-OFFBEGSEC-NEW-ON
NEW SECTION. Sec. 22. Section 3, chapter 50, Laws of 1979 and RCW 76.44.022 are each repealed.BEGSEC-NEW-OFF
PART V
ARTS COMMISSION
BEGSEC-AMD-ON
Sec. 23. Section 2, chapter 125, Laws of 1967 ex. sess. as amended by section 5, chapter 317, Laws of 1985 and RCW 43.46.045 are each amended to read as follows:
BEGSEC-AMD-OFFRCWSLTEXT-ON The
((commission may)) governor shall select ((and employ)) a
full time executive director((, who)) from a list of three names
submitted by the commission by September 1, 1988, and anytime thereafter that a
vacancy occurs. The executive director shall receive no other salary and
shall not be otherwise gainfully employed. Subject to the provisions of
chapter 41.06 RCW, the executive director may also employ such clerical and
other assistants as may be reasonably required to carry out commission
functions. The executive director shall serve at the pleasure of the
governor. RCWSLTEXT-OFF