WSR 97-03-132

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed January 22, 1997, 11:27 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-24[-104].

Title of Rule: Specialty compliance fee increases for elevators material lifts, contractor registration and renewal, and factory assembled structures.

Purpose: State-initiated proposed amendments to chapters 296-86, 296-150C, 296-150F, 296-150M, 296-150R, and 296-200 WAC are made to increase the fees in these chapters by 4.45%. The 4.45% figure was obtained from the Office of Financial Management and is the maximum allowable fiscal growth rate factor for fiscal year 1997. All fee increases have been rounded down to the nearest quarter of a dollar. It has been several years since specialty compliance has increased fees, therefore, the purpose of these proposed fee increases is to help offset increased operating costs in the elevator, factory assembled structures, and contractor registration programs. Fees in the following sections have been increased:

Chapter 296-86 WAC, Regulations and fees for freight and passenger elevators, manlifts, dumbwaiters, escalators, moving walks, automobile parking elevators, personnel elevators, and other lifting devices: WAC 296-86-020 Construction and alteration fee, 296-86-030 Installation fee for personnel elevators and material hoists, 296-86-050 Fee for checking plans for new installations, 296-86-060 Annual operating permit fees, 296-86-070 Supplemental inspections, 296-86-075 Reinspection fees, and 296-86-080 Fee for inspection of regular elevators being used as temporary personnel elevators.

Chapter 296-150C WAC, Commercial coaches: WAC 296-150C-3000 Commercial coach fees.

Chapter 296-150F WAC, Factory-built housing and commercial structures: WAC 296-150F-3000 Factory-built housing and commercial structure fees.

Chapter 296-150M WAC, Manufactured homes: WAC 296-150M-3000 Table of manufactured home fees.

Chapter 296-150R WAC, Recreational vehicles and park trailers: WAC 296-150R-3000 Table of recreational vehicle and park trailer fees for insignia approval.

Chapter 296-200 WAC, Contractor certificate of registration renewals--Security--Insurance: WAC 296-200-900 Fees.

Note: Amendments are also being proposed to increase electrical and plumbing fees by 4.45%. These proposed fee increases will be available for comment at the same public hearing as the fee increases indicated above. However, due to other proposed changes in electrical and plumbing rules, the electrical and plumbing proposals are being filed separately.

In addition to the proposed fee increases, other state-initiated proposed amendments are made to the following chapters for the reasons indicated.

WAC 296-86-020 Construction and alteration fee, proposed amendments are made to exclude material lift installation, alteration and relocation fees from this section and include them in a new section, WAC 296-86-090 Material lift installation, alteration and relocation fees.

WAC 296-86-060 Annual operating permit fees, proposed amendments are made to include the annual operating permit fee for material lifts in this section.

WAC 296-86-090 Material lift installation, alteration and relocation fees, proposed amendments are made:

To create a new section for material lift installation, alteration and relocation fees.

To increase material lift installation, alteration and relocation fees by 4.45% down to the nearest quarter.

WAC 296-93-300 Submission of plans for new installations, proposed amendments are made:

To retitle the section to "When should plans for installation, alteration and relocation be submitted?"

To rewrite the section in a clear rule writing style and therefore comply with the Administrative Procedure Act (see RCW 34.05.220(5)).

To replace the plan review fee in this section with a reference to WAC 296-86-050, which indicates the fee amount.

WAC 296-93-320 Construction, alteration, and relocation fees, proposed amendments are made to repeal this section and move material lift construction, alteration and relocation fees to WAC 296-86-090.

WAC 296-93-330 Annual operating permit fee, proposed amendments are made:

To retitle the section to "What is the annual operating permit fee?"

To rewrite the section in a clear rule writing style and therefore comply with the Administrative Procedure Act (see RCW 34.05.220(5)).

To replace the annual operating permit fee in this section with a reference to WAC 296-86-060, which indicates the fee amount.

To delete the sentence "No operating permit will be issued until this annual fee is paid." because it is found in WAC 296-86-060.

WAC 296-150M-3000 Table of manufactured home fees, proposed amendments are made to retitle the section to "Manufactured home fees" so it will be consistent with other factory assembled structures fee section titles.

WAC 296-150R-3000 Table of recreational vehicle and park trailer fees for insignia approval, proposed amendments are made to retitle the section to "Recreational vehicles and park trailer fees" so it will be consistent with other factory assembled structures fee section titles.

WAC 296-200-025 Initial application for registration and renewal of registration, proposed amendments are made to replace the registration fee in subsection (1)(e) with a reference to WAC 296-200-900 which indicates the fee amount.

WAC 296-200-050 Change in business structure, name, or business, proposed amendments are made to replace the registration fee in subsection (1) with a reference to WAC 296-200-900 which indicates the fee amount.

WAC 296-200-900 Fees, proposed amendments are made:

To retitle the section to "What fees does the department charge contractors for issuance, renewal and reinstatement of certificates of registration?"

To rewrite the section in a clear rule writing style and therefore comply with the Administrative Procedure Act (see RCW 34.05.220(5)).

To specify a reinstatement fee which is authorized by RCW 18.27.070.

Statutory Authority for Adoption: RCW 70.87.030, 18.27.070, 18.27.075, 43.22.350, 43.22.355, 43.22.434, and 43.22.480(2).

Statute Being Implemented: Chapters 70.87, 18.27, and 43.22 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Pete Schmidt, 7273 Linderson Way, Tumwater, WA, (360) 902-5571; Implementation and Enforcement: Frank Leuck, 7273 Linderson Way, Tumwater, WA, (360) 902-5495.

Name of Proponent: Department of Labor and Industries, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has considered whether these proposed rules are subject to the Regulatory Fairness Act and has determined that they do not require a small business economic impact statement because the proposed rules will not place a more than minor impact on business.

Section 201, chapter 403, Laws of 1995, applies to this rule adoption. The proposed rules are considered "significant legislative rules" because the proposed fee increases, although relatively small, will have a financial impact upon stakeholders.

Hearing Location: Department of Labor and Industries Building, Auditorium, 7273 Linderson Way, Tumwater, WA, on February 25, 1997, at 1:00 p.m.; and at the Spokane County Public Works Building, County Commissioners Assembly Room (lower level), 1026 West Broadway, Spokane, WA, on February 27, 1997, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact George Huffman by February 10, 1997, (360) 902-6411.

Submit Written Comments to: Department of Labor and Industries, Attention: Pete Schmidt, Program Manager for Specialty Compliance, P.O. Box 44655, Olympia, WA 98504-4655, by no later than 5:00 p.m. March 6, 1997. In addition to written comments, the department will accept comments submitted to FAX (360) 902-5292. Comments submitted by FAX must be ten pages or less.

Date of Intended Adoption: May 20, 1997.

January 21, 1997

Gary Moore

Director

AMENDATORY SECTION (Amending Order 86-5, filed 1/10/86)

WAC 296-86-020 Construction and alteration fee. The construction and alteration fee schedule (except for material lifts) shall be:

TOTAL COST FEE

$250.00 to and including $1,000 $ ((27.50))

28.50

$1,001 to and including $15,000

For first $1,001 ((38.50))

40.00

For each additional $1,000 or fraction ((7.70))

8.00

$15,001 to and including $100,000

For first $15,001 ((146.30))

152.75

For each additional $1,000 or fraction 5.50

Over $100,001

For first $100,001 ((613.80))

641.00

For each additional $1,000 or fraction ((4.40))

4.50

[Statutory Authority: RCW 70.87.080, 70.87.090 and 70.87.100. 86-03-026 (Order 86-5), 296-86-020, filed 1/10/86. Statutory Authority: RCW 70.87.030. 82-12-005 (Order 82-18), 296-86-020, filed 5/20/82; Order 70-5, 296-86-020, filed 6/2/70.]

AMENDATORY SECTION (Amending WSR 92-24-065, filed 12/1/92, effective 1/1/93)

WAC 296-86-030 Installation fee for personnel elevators and material hoists. The fee for the installation of each personnel elevator and material hoist shall be (($90.00)) $94.00.

[Statutory Authority: Chapter 70.87 RCW and RCW 70.87.030. 92-24-065, 296-86-030, filed 12/1/92, effective 1/1/93. Statutory Authority: RCW 70.87.080, 70.87.090 and 70.87.100. 86-03-026 (Order 86-5), 296-86-030, filed 1/10/86. Statutory Authority: RCW 70.87.030. 82-12-005 (Order 82-18), 296-86-030, filed 5/20/82; Order 76-37, 296-86-030, filed 12/3/76; Order 74-36, 296-86-030, filed 10/1/74; Order 70-11, 296-86-030, filed 9/18/70, effective 10/21/70; Order 70-5, 296-86-030, filed 6/2/70.]

AMENDATORY SECTION (Amending Order 70-5, filed 6/2/70)

WAC 296-86-050 Fee for checking plans for new installations. The fee for checking plans shall be (($20.00)) $20.75 for each installation.

[Order 70-5, 296-86-050, filed 6/2/70.]

AMENDATORY SECTION (Amending WSR 95-04-005, filed 1/18/95, effective 3/1/95)

WAC 296-86-060 Annual operating permit fees. Fees for annual operation shall be paid in accordance with the following schedule and no operating permit shall be issued for the operation of a conveyance until such fees have been received.

CONVEYANCE ANNUAL FEE

Each hydraulic elevator (($ 70.00)) $ 73.00

Each cable elevator ((90.00)) $94.00

plus (($7.00)) $7.25 for

each hoistway opening

in excess of two.

Each cable elevator traveling

more than 25 ft. ((10.00))

$10.25 for each 25 ft.

without opening of travel without openings.

Each sidewalk freight elevator ((70.00)) $73.00

Each hand power freight elevator ((45.00)) $47.00

Each hand power manlift ((45.00)) $47.00

Each incline elevator in other than a

private residence ((90.00)) $94.00

Each belt manlift ((70.00)) $73.00

Each boat launching elevator ((70.00)) $73.00

Each auto parking elevator ((70.00)) $73.00

Each escalator ((70.00)) $73.00

Each moving walk ((70.00)) $73.00

Each dumbwaiter in other than a private

residence ((45.00)) $47.00

Each people mover ((60.00)) $62.50

Each stair lift in other than a private residence ((45.00)) $47.00

Each wheel chair lift in other than a private

residence ((45.00)) $47.00

Each personnel elevator ((70.00)) $73.00

Each material hoist ((70.00)) $73.00

Each casket lift ((70.00)) $73.00

Each material lift $62.50

Each inclined stairway chair lift in

private residence ((15.00)) $15.50

Each inclined wheelchair lift in private residence ((20.00)) $20.75

Each vertical wheelchair lift in private residence ((25.00)) $26.00

Each inclined elevator at a private residence ((70.00)) $73.00

Each dumbwaiter in private residence ((20.00)) $20.75

Each private residence elevator ((45.00)) $47.00

Each private residence elevator installed with

variance in other than a private residence ((70.00)) $73.00

[Statutory Authority: Chapter 70.87 RCW. 95-04-005, 296-86-060, filed 1/18/95, effective 3/1/95. Statutory Authority: Chapter 70.87 RCW and RCW 70.87.030. 92-24-065, 296-86-060, filed 12/1/92, effective 1/1/93. Statutory Authority: RCW 70.87.080, 70.87.090 and 70.87.100. 86-03-026 (Order 86-5), 296-86-060, filed 1/10/86. Statutory Authority: RCW 70.87.030. 82-12-005 (Order 82-18), 296-86-060, filed 5/20/82; Order 76-37, 296-86-060, filed 12/3/76; Order 74-36, 296-86-060, filed 10/1/74; Order 71-16, 296-86-060, filed 12/7/71; Order 70-11, 296-86-060, filed 9/18/70, effective 10/21/70; Order 70-5, 296-86-060, filed 6/2/70.]

AMENDATORY SECTION (Amending Order 86-5, filed 1/10/86)

WAC 296-86-070 Supplemental inspections. Any person, firm, corporation or governmental agency may secure supplemental inspections of conveyances by paying to the department a fee of (($258.00)) $269.25 per day plus the standard per diem and mileage allowed by the department to its inspectors.

[Statutory Authority: RCW 70.87.080, 70.87.090 and 70.87.100. 86-03-026 (Order 86-5), 296-86-070, filed 1/10/86. Statutory Authority: RCW 70.87.030. 82-12-005 (Order 82-18), 296-86-070, filed 5/20/82; Order 76-37, 296-86-070, filed 12/3/76; Order 74-36, 296-86-070, filed 10/1/74; Order 70-11, 296-86-070, filed 9/18/70, effective 10/21/70.]

AMENDATORY SECTION (Amending Order 86-5, filed 1/10/86)

WAC 296-86-075 Reinspection fees. No fee shall be charged for the yearly inspection or for the initial inspection after installation or alteration. If, however, the conveyance does not meet the requirements of the department, and if another inspection is required to confirm compliance by the person having control over the conveyance with the regulations of the department, then an inspection fee of (($70.00)) $73.00 per conveyance to be inspected shall be charged for the reinspection, and if there is still failure to comply with the rules of the department, a fee of (($90.00)) $94.00 shall be charged for every conveyance requiring a further reinspection. These fees are in addition to the fees charged under WAC 296-86-020 and must be paid before issuance of an operating permit. The department may waive the reinspection fee where, through no fault of the requesting person or agency, or of the person or agency responsible for payment of the reinspection fee, reinspection is not possible; or for other reasons that in justice or equity obviate the necessity of payment of the reinspection fee.

[Statutory Authority: RCW 70.87.080, 70.87.090 and 70.87.100. 86-03-026 (Order 86-5), 296-86-075, filed 1/10/86. Statutory Authority: RCW 70.87.030. 82-12-005 (Order 82-18), 296-86-075, filed 5/20/82; Order 76-37, 296-86-075, filed 12/3/76; Order 72-2, 296-86-075, filed 2/25/72.]

AMENDATORY SECTION (Amending Order 82-18, filed 5/20/82)

WAC 296-86-080 Fee for inspection of regular elevators being used as temporary personnel elevators. The fee for the inspection and testing of regular elevators for use as temporary personnel elevators shall be (($60.00)) $62.50.

[Statutory Authority: RCW 70.87.030. 82-12-005 (Order 82-18), 296-86-080, filed 5/20/82; Order 76-37, 296-86-080, filed 12/3/76; Order 70-11, 296-86-080, filed 9/18/70, effective 10/21/70.]

NEW SECTION

WAC 296-86-090 Material lift installation, alteration and relocation fees. The fees for installing, altering, or relocating a material lift are:

TOTAL COST FEE

$250.00 to and including $1,000 $ 26.00

$1,001 to and including $15,000

For first $1,001 $ 36.50

For each additional $1,000 or fraction $ 7.25

$15,001 to and including $100,000

For first $15,001 $138.75

For each additional $1,000 or fraction $ 5.00

Over $100,001

For first $100,001 $582.75

For each additional $1,000 or fraction $ 4.00

[]

AMENDATORY SECTION (Amending Order 84-7, filed 4/27/84)

WAC 296-93-300 ((Submission of plans for new installations.)) When should plans for installations, alterations and relocations be submitted? ((Plans shall be submitted in duplicate for approval to the conveyance section of the department before construction. The fee for checking plans is twenty dollars for each installation.)) All plans must be submitted, in duplicate, to the department for approval before construction begins. The department's fee for checking plans is shown in WAC 296-86-050.

[Statutory Authority: RCW 70.87.030. 84-10-025 (Order 84-7), 296-93-300, filed 4/27/84.]

AMENDATORY SECTION (Amending Order 84-7, filed 4/27/84)

WAC 296-93-330 What is the annual operating permit fee((.))? ((The fee for an annual operating permit is sixty dollars for each material lift. No operating permit shall be issued for the operation of a material lift until the department has received the fee.)) For each material lift in operation, an annual operating permit is required. The dollar amount of the fee is shown in WAC 296-86-060.

[Statutory Authority: RCW 70.87.030. 84-10-025 (Order 84-7), 296-93-330, filed 4/27/84.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 296-93-320 Construction, alteration, and relocation fees.

AMENDATORY SECTION (Amending Order 83-21, filed 8/2/83)

WAC 296-200-025 Initial application for registration and renewal of registration. (1) A contractor may register if it:

(a) Completes an application for registration;

(b) Provides the information required by RCW 18.27.030;

(c) Obtains a surety bond, assigns a savings account to the department, or deposits cash or other security with the section. If a contractor obtains a bond, it must submit the original bond to the section (see RCW 18.27.040);

(d) Obtains public liability and property damage insurance, and submits a copy of the insurance certificate to the section (see RCW 18.27.050); and

(e) ((Pays a fee of $40.00.)) Pays the application/renewal fee shown in WAC 296-200-900.

(2) The section shall send a renewal notice to a contractor's last recorded address at least 45 days before the contractor's registration expires. The contractor may renew its registration if it submits the renewal card and provides the materials required in paragraphs (1)(b), (c), (d), and (e).

(3) The contractor must submit all of the materials to the section in one package. Each of the materials must name the contractor exactly as it is named on the application for registration or the renewal card, as appropriate. If the contractor is renewing its registration, each of the materials must include the contractor's registration number. If any of the materials are missing, do not properly name the contractor, or do not include the registration number, the section shall refuse to register or renew the registration of the contractor.

(4) The contractor may request, in a letter filed with the application or renewal materials, that the registration period end on a particular day. The resulting registration period may not be longer than one year.

(5) When the section receives the required materials, it shall register or renew the registration of the contractor.

[Statutory Authority: RCW 18.27.020 and 18.27.070. 83-16-059 (Order 83-21), 296-200-025, filed 8/2/83. Statutory Authority: RCW 18.27.040. 81-21-001 (Order 81-25), 296-200-025, filed 10/8/81.]

AMENDATORY SECTION (Amending Order 83-21, filed 8/2/83)

WAC 296-200-050 Change in business structure, name, or address. (1) If a contractor changes its business structure (for example, if it changes from a partnership to a corporation, or if the partners in a partnership change), the contractor must apply for a new registration in the manner required by WAC 296-200-025. The new registration must be accompanied by ((a $40.00)) the registration fee shown in WAC 296-200-900. If a contractor does not reregister after a change in its business structure, its registration may be invalid. See RCW 18.27.040.

(2) If a registered contractor changes its name or address it must notify the section of the change. The contractor must include ((a $40.00)) the registration fee (shown in WAC 296-200-900) with the notification of a change in name.

[Statutory Authority: RCW 18.27.020 and 18.27.070. 83-16-059 (Order 83-21), 296-200-050, filed 8/2/83. Statutory Authority: RCW 18.27.040, 42.17.290 and 42.17.300. 82-18-026 (Order 82-26), 296-200-050, filed 8/25/82. Statutory Authority: RCW 18.27.040. 81-21-001 (Order 81-25), 296-200-050, filed 10/8/81.]

AMENDATORY SECTION (Amending Order 83-21, filed 8/2/83)

WAC 296-200-900 ((Fees.)) What fees does the department charge contractors for issuance, renewal and reinstatement of certificates of registration? (1) The department ((shall charge a $40.00 fee for each registration and renewal of registration. For purposes of this rule, a contractor renews its registration after its registration expires, or after the registration has been suspended because the contractor's bond or insurance has been cancelled. The department shall charge $10.00 for providing a duplicate certificate of registration.

(2) The department will charge $2.00 per copy for documents from a contractor's file. The department shall not charge more than a total of $24.00 for copies from one contractor's file)) charges the following fees:

(a) $41.75 for each issuance, renewal or reregistration of a certificate of registration.

(b) $50.00 for the reinstatement of a certificate of registration.

(c) $10.25 for providing a duplicate certificate of registration.

(d) $2.00 per copy for documents copied from a contractor's file. The maximum copy charge for copies from one contractor's file will be $25.00.

(2) For the purposes of this chapter:

(a) A contractor renews its registration after it expires.

(b) A contractor reinstates its registration after it has been suspended because its bond or insurance has been cancelled.

(c) A contractor reregisters when it changes its business structure.

[Statutory Authority: RCW 18.27.020 and 18.27.070. 83-16-059 (Order 83-21), 296-200-900, filed 8/2/83. Statutory Authority: RCW 18.27.040, 42.17.290 and 42.17.300. 82-18-026 (Order 82-26), 296-200-900, filed 8/25/82. Statutory Authority: RCW 18.27.040. 81-21-001 (Order 81-25), 296-200-900, filed 10/8/81.]

[Open Style:Columns Off]

AMENDATORY SECTION (Amending WSR 96-21-146, filed 10/23/96, effective 11/25/96)

WAC 296-150C-3000 Commercial coach fees.