WSR 97-14-111

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed July 2, 1997, 11:36 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-02-095.

Title of Rule: Chapter 296-46 WAC, Electrical standards and administrative rules and chapter 296-401 WAC, Certification of competency for journeyman electricians.

Purpose: Chapter 296-46 WAC, Safety standards--Installing electric wires and equipment--Administrative rules, legislative-initiated proposed amendments to chapter 296-46 WAC, Safety standards--Installing electric wires and equipment--Administrative rules, are made to implement 1996 amendments (ESSB 6521 and ESHB 2498) to chapter 19.28 RCW. These proposed WAC amendments:

1. Give the department the authority to deny an application for an electrical administrator's certificate if the applicant's previous certificate had been revoked for a serious violation;

2. Give the department the authority to revoke or suspend an electrical contractor license or administrator certificate;

3. Require electrical wiring or equipment subject to chapter 296-46 WAC to be sufficiently accessible at the time of inspection to allow the inspector to visually inspect the installation.

These legislative-initiated proposed amendments establish additional compliance requirements.

WAC 296-46-090 Foreword, proposed amendments are made to implement ESHB 2498 by requiring that electrical wiring or equipment subject to chapter 296-46 WAC be sufficiently accessible at the time of inspection to allow the inspector to visually inspect the installation.

WAC 296-46-950 Administrators certificate, proposed amendments are made to:

Implement ESSB 6521 by allowing the department to deny an application for an administrator's certificate for up to two years if the applicant's previous certificate was revoked for a serious violation and all appeals concerning that revocation have been exhausted.

Define a "serious violation" as a violation of chapter 19.28 RCW, chapter 296-46 or 296-401 WAC which creates a hazard of fire, a danger to life safety or presents an imminent danger to the public.

Define the phrase "imminent danger to the public."

WAC 296-46-960 Revocation or suspension of a contractor license or administrator certificate, proposed amendments are made to:

Implement ESSB 6521 by creating a new section giving the department the authority to revoke or suspend any electrical contractor license or electrical administrator certificate whose holder is found to be in serious noncompliance with the provisions of chapter 296-46 WAC.

Define the term "serious noncompliance."

State-initiated proposed amendments to chapter 296-46 WAC, Safety standards--Installing electric wires and equipment--Administrative rules, are made to comply with RCW 19.28.060 which requires the department, in conjunction with the Electrical Board, to adopt "reasonable rules to ensure safety to life and property." These proposed amendments establish additional compliance requirements.

WAC 296-46-21052 Receptacles in dwelling units, proposed amendments add the National Electrical Code requirement that tamper resistant receptacles must be used for 15 or 20 ampere, 125 volt receptacles in licensed day care facilities and pediatric or psychiatric patient care areas.

WAC 296-46-910 Inspection fees, proposed amendments are made to:

Encourage energy conservation by creating a reduced permit fee for installing a water heater load control device when the device is installed on an existing circuit as part of a specified energy conservation program.

Encourage the creation of a fund to be used to correct existing code violations on the altered circuit in which a water heater load control device is installed. The fund would be established and controlled by the conservation program managers and its source would be the difference between the regular permit fee ($40) and the reduced permit fee ($25).

WAC 296-46-915 Electrical contractor license, administrator certificate and examination, and copy fees, proposed amendments are made to implement reinstatement fees for those contractor licenses and administrator certificates that had previously been suspended. The fees cover the department's cost of reissuing the license or certificate.

WAC 296-46-930 Electrical contractor license and administrator certificate designation, proposed amendments are made to establish a specialty license for domestic well drillers.

Chapter 296-401 WAC, Certification of competency for journeyman electricians, legislative-initiated proposed amendments to chapter 296-401 WAC, Certification of competency for journeyman electricians, are made to implement 1996 amendments (ESSB 6521) to chapter 19.28 RCW. These legislative-initiated proposed amendments establish additional compliance requirements.

WAC 296-401-100 Computation of years of employment--Renewal of training certificates, proposed amendments are made to implement ESSB 6521 (1996) by:

Defining the department's authority to audit an electrical contractor or employer's records in order to verify an electrical trainee's hours of experience.

Defining the electrical contractor or employer's responsibilities to maintain adequate trainee work experience records in order to satisfy department audit requirements.

State-initiated proposed amendments to chapter 296-401 WAC, Certification of competency for journeyman electricians, are made to:

1. Create a certificate for domestic well specialty electrical technician.

2. Expand the use of trainee certificates to those individuals exempt under RCW 19.28.610 but seeking department credit for electrical work experience.

3. Clarify certain continuing education requirements for both certificate holders and approved sponsors of continuing education courses.

4. Establish new fees to cover the cost of reinstating journeyman and specialty certificates and the cost of approving and renewing continuing education courses.

These state-initiated proposed amendments establish additional compliance requirements.

WAC 296-401-060 Specialty certificates, proposed amendments are made to codify department policy and respond to an industry need by creating a domestic well specialty electrical technician certificate.

WAC 296-401-100 Computation of years of employment--Renewal of training certificates, proposed amendments are made to require:

Verification of trainee work by an employer or owner and supervising journeyman or specialty electrician before the department grants credit for experience for electrical work which is legally exempt from certification requirements under RCW 19.28.610 Exemption, from RCW 19.28.510 through 19.28.620.

All RCW 19.28.610 exempt individuals learning the electrical trade, beginning January 1, 1998, shall obtain an annual, renewable electrical training certificate from the department before the department grants credit for hours worked in the trade.

WAC 296-401-163 Continuing education classes, proposed amendments are made to:

Require approved continuing education course sponsors to submit documentation to the department which will allow the department to better verify who successfully completes a course.

Prohibit any certificate holder, who wishes to renew their certificate, from receiving additional department credit for taking the same continuing education course more than once in a three-year prior certification period.

WAC 296-401-170 Hearing or appeal procedure, proposed amendments are made to conform to chapter 19.28 RCW by increasing the time period a person may request a hearing before the Electrical Board from fifteen to twenty days.

WAC 296-401-175 Journeyman, specialty and trainee certificate, and examination fees, proposed amendments are made to:

Clarify an existing journeyman or specialty electrician reciprocal certificate fee.

Establish a journeyman or specialty electrician certificate reinstatement fee to cover the department's cost of reissuing certificates.

Establish a continuing education course approval fee and a continuing education course renewal fee to cover the department's cost to approve and renew courses.

Statutory Authority for Adoption: RCW 19.28.060 and 19.28.065.

Statute Being Implemented: Chapter 19.28 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Janet Lewis, 7273 Linderson Way, Tumwater, WA, (360) 902-5376; Implementation and Enforcement: Michael A. Silverstein, M.D., 7273 Linderson Way, Tumwater, WA, (360) 902-5495.

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

Rule is necessary because of ESSB 6521 and ESHB 2498 (1996).

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 does not consider the economic impact of the proposed rules to be a more than minor economic impact on business. Therefore, the preparation of a comprehensive small business economic impact statement is not required.

Section 201, chapter 403, Laws of 1995, applies to this rule adoption. The proposed rules are "significant legislative rules" because they will (1) subject a violator to a sanction, the possibility of having a license revoked; (2) change the requirements for issuing/suspending/revoking a license; (3) result in the adoption of new policies; (4) amend significant existing policies; and (5) have a financial impact upon the public that they regulate.

Hearing Location: Department of Labor and Industries Building, Auditorium, 7273 Linderson Way, Tumwater, WA, on August 5, 1997, at 1:30 p.m.; and at Cavanaugh's, Lower Terrace, 607 East Yakima Avenue, Yakima, WA, on August 7, 1997, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact George Huffman by July 25, 1997, (360) 902-6411.

Submit Written Comments to: Department of Labor and Industries, Attention: Janet Lewis, Chief Electrical Inspector, P.O. Box 44460, Olympia, WA 98504-4460, no later than 5:00 p.m., August 14, 1997. In addition to written comments, the department will accept comments submitted to (360) 902-5292. Comments submitted by FAX must be ten pages or less.

Date of Intended Adoption: October 30, 1997.

June 30, 1997

Gary Moore

Director

AMENDATORY SECTION (Amending WSR 97-12-016, filed 5/28/97, effective 6/30/97)

WAC 296-46-090 Foreword. The 1996 edition of the National Electrical Code (NFPA 70 - 1996) including Appendixes A, B, and C, the 1993 edition of Centrifugal Fire Pumps (NFPA 20 - 1993) and the 1993 edition of Emergency and Standby Power Systems (NFPA 110 - 1993) are hereby adopted by reference as part of this chapter. Other codes, manuals, and reference works referred to in this chapter are available for inspection and review in the Olympia office of the electrical section of the department during business hours. Where there is any conflict between this chapter and the National Electrical Code (NFPA 70), Centrifugal Fire Pumps (NFPA 20) or Emergency and Standby Power Systems (NFPA 110), the requirements of this chapter shall be observed. Where there is any conflict between Centrifugal Fire Pumps (NFPA 20) or Emergency and Standby Power Systems (NFPA 110) and the National Electrical Code (NFPA 70), the National Electrical Code shall be followed.

Electrical inspectors will give information as to the meaning or application of the National Electrical Code, the standard on Centrifugal Fire Pumps and the standard on Emergency and Standby Power Systems and this chapter, but will not lay out work or act as consultants for contractors, owners, or users.

The department is authorized to enforce city electrical ordinances where those governmental agencies do not make electrical inspections under an established program.

At the time of inspection, electrical wiring or equipment subject to this chapter must be sufficiently accessible to permit the inspector to visually inspect the installation to verify conformance with the National Electrical Code and any other electrical requirements of chapter 296-46 WAC. Visual inspection of cables or raceways shall not be required where cables or raceways are fished according to the National Electrical Code. Wires pulled into raceway shall not be considered concealed.

[Statutory Authority: RCW 19.28.060, [19.28.]210(6), [19.28.]350 and [19.28.]600. 97-12-016, 296-46-090, filed 5/28/97, effective 6/30/97. Statutory Authority: RCW 19.28.060, 19.28.010(1) and 19.28.600. 93-06-072, 296-46-090, filed 3/2/93, effective 4/2/93; 90-19-015, 296-46-090, filed 9/10/90, effective 10/11/90.]

AMENDATORY SECTION (Amending WSR 97-12-016, filed 5/28/97, effective 6/30/97)

WAC 296-46-21052 Receptacles in dwelling units. For floor receptacle outlets located out of traffic areas, formed or welded metal boxes that are mounted in a substantial manner such as directly to a framing member shall be permitted. An approved metal cover plate that provides protection from debris entering the device shall be used. Tamper resistant receptacles are required in licensed day care facilities and pediatric or psychiatric patient care areas for 15 or 20 ampere, 125 volt receptacles. Tamper resistant receptacles shall, by construction, limit improper access to energized contacts. (See section 517-18(C) of the National Electrical Code.)

[Statutory Authority: RCW 19.28.060, [19.28.]210(6), [19.28.]350 and [19.28.]600. 97-12-016, 296-46-21052, filed 5/28/97, effective 6/30/97. Statutory Authority: RCW 19.28.060, 19.28.010(1) and 19.28.600. 93-06-072, 296-46-21052, filed 3/2/93, effective 4/2/93; 90-19-015, 296-46-21052, filed 9/10/90, effective 10/11/90.]

AMENDATORY SECTION (Amending WSR 97-12-016, filed 5/28/97, effective 6/30/97)

WAC 296-46-910 Inspection fees. To calculate the inspection fees, the amperage is based on the conductor ampacity or the overcurrent device rating.

(1) residential

(a) Single and two family residential (new construction)

(i) First 1300 sq. ft. or less $62

Each additional 500 sq. ft. or portion of $20

(ii) Each outbuilding or detached garage inspected with the service $26

(iii) Each outbuilding or detached garage inspected separately $41

(b) Multifamily residential (new construction)

Each service and or feeder

Service

Ampacity Service Feeder

0 to 200 67 $ 20

201 to 400 83 41

401 to 600 114 57

601 to 800 146 78

801 and over 208 156

(c) Single family or multifamily altered services including circuits

(i) Service Service or

Ampacity Feeder

0 to 200 $ 57

201 to 600 83

over 600 125

(ii) Maintenance or repair of meter or mast (no alterations to service or feeder) $31

(d) Single or multi-family residential circuits only (no service inspection)

(i) 1 to 4 circuits (see note) $41

Except: Water heater load control devices installed in residences as part of an energy conservation program funded through the Conservation Resource Acquisition Agreement Program 25

If a water heater load control device is installed on an existing circuit, as part of a specified energy conservation program, the permit fee shall be $25 instead of $40. The $15 difference must be deposited into a fund, established and controlled by the conservation program manager, to be used to correct existing code violations on the altered circuit in which the water heater load control equipment is installed.

(ii) Each additional circuit 5

Note: Total fee per panel not to exceed (c)(i) of this subsection Service/Feeder

(e) Mobile homes; mobile home parks; and RV parks

(i) Mobile home service or feeder only $41

(ii) Mobile home service and feeder 67

(iii) Mobile home park sites and RV park sites

(A) First service or feeder 41

(B) Each additional service; or a feeder inspected at same time as service 26

Note: For master service installations, see subsection (2).

(2) commercial/industrial

(a) Service/feeder; and feeders inspected at the same time as service (circuits included)

(i) Service/ Service/ Additional

Feeder Feeder Feeder

Ampacity inspected

at the

same time

0 to 100 $ 67 $ 41

101 to 200 83 52

201 to 400 156 62

401 to 600 182 73

601 to 800 235 99

801 to 1000 287 120

Over 1000 313 167

(ii) Over 600 volts surcharge $52

(b) Altered services or feeders (no circuits)

(i) Service Service/

Ampacity Feeder

0 to 200 $ 67

201 to 600 156

601 to 1000 235

Over 1000 261

(ii) Over 600 volts surcharge $52

(iii) Maintenance or repair of meter or mast (no alteration of service equipment) 57

(c) Circuits only

(i) First five circuits per branch circuit

panel $52

(ii) Each additional circuit per branch circuit panel 5

Note: Total fee per panel not to exceed (a)(i) of this subsection service/feeder

(3) temporary services

(a) Residential $36

(b) Commercial/industrial

Service or Feeder

Ampacity

0 to 100 $41

101 to 200 52

201 to 400 62

401 to 600 83

Over 600 94

Each additional feeder inspected at the same time as service or first feeder add 50% of the fee above.

(4) irrigation machines, pumps and equipment

Irrigation machines

(a) Each tower when inspected at same time as service and feeder $5

(b) When not inspected at same time as service and feeders - first 6 62

Each additional tower per (a) of this

subsection 5

(5) miscellaneous - commercial/industrial and residential

(a) Thermostats

(i) First thermostat $31

(ii) Each additional thermostat inspected at the same time as first thermostat 10

Note: Thermostat is defined as:

(A) A device that interrupts electrical current while performing its function of controlling building, zonal, or room environmental air temperature; or

(B) In the case of environmental air temperature control by the use of sensors which do not interrupt current but rather transmit data to a zonal or central processing unit, "Thermostat" shall be considered to be the circuit extending from the central processing unit to the local controller. At times this local unit could control several zones or rooms individually or in concert.

(b) Low voltage fire alarm and burglar alarm

(i) First 2500 sq. ft. or less. Includes nurse call intercom, security systems and similar low energy circuits and equipment $36

(ii) Each additional 500 sq. ft. or portion thereof 10

Exception: Low voltage fire alarm and burglar alarm for commercial and industrial

Each control panel and up to four circuits

or zones $29

Each additional circuit or zone 7

(c) Signs and outline lighting

(i) First sign (no service) $31

(ii) Each additional sign inspected at the same time on the same bldg. or structure 15

(d) Berth at a marina or dock $41

Each additional berth inspected at the

same time 26

(e) Yard pole meter loops only $41

Meters installed remote from service equipment: Inspected at same time as service, temporary service or other installations 10

(f) Emergency inspections requested outside normal work hours. Regular fee plus surcharge of $78

(g) Generators, refer to appropriate service/feeder section

(h) Annual permit fee for plant location employing regular electrical maintenance staff - Each inspection two hour maximum.

Fee Inspections

1 to 3 plant electricians $1,493 12

4 to 6 plant electricians 2,987 24

7 to 12 plant electricians 4,480 36

13 to 25 plant electricians 5,974 52

more than 25 plant electricians 7,468 52

(i) Carnival inspections

(i) First field inspection each year

(A) Each ride and generator truck $15

(B) Each remote distribution equipment, concession or gaming show 5

(C) Minimum fee 78

(ii) Subsequent inspections

(A) First 10 rides, concessions, generators, remote distribution equipment or gaming show $78

(B) Each additional ride, concession, generator, remote distribution equipment or gaming show 5

(j) Trip fees

(i) Requests to inspect existing

installations $62

(ii) Submitter notifies the department that work is ready for inspection when it is not 31

(iii) Additional inspection required because submitter has provided wrong address 31

(iv) More than one additional inspection required to inspect corrections; or for repeated neglect, carelessness, or improperly installed electrical work 31

(v) Each trip necessary to remove a noncompliance notice 31

(vi) Corrections have not been made in the prescribed time, unless an exception has been requested and granted 31

(vii) Installations that are covered or concealed before inspection. 31

(k) Progress inspections

On partial or progress inspections, each one-half hour $31

(l) Plan review fee

(i) Fee is thirty-five percent of the electrical work permit fee as determined by WAC 296-46-495, plus a plan submission fee of $52

(ii) Supplemental submissions of plans per hour or fraction of an hour $62

(m) Other inspections

Inspections not covered by above inspection fees shall be charged portal to portal per hour $62

[Statutory Authority: RCW 19.28.060, [19.28.]210(6), [19.28.]350 and [19.28.]600. 97-12-016, 296-46-910, filed 5/28/97, effective 6/30/97. Statutory Authority: RCW 19.28.060, 19.28.010(1), 19.28.600 and 19.28.210(6). 92-08-102, 296-46-910, filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 19.28.060 and 19.28.210(6). 90-17-041, 296-46-910, filed 8/10/90, effective 9/10/90. Statutory Authority: RCW 19.28.060, 19.28.600 and chapter 19.28 RCW. 87-10-030 (Order 87-07), 296-46-910, filed 5/1/87. Statutory Authority: RCW 19.28.060 and 19.28.210. 85-20-065 (Order 85-16), 296-46-910, filed 9/27/85. Statutory Authority: RCW 19.28.210. 83-16-058 (Order 83-20), 296-46-910, filed 8/2/83. Statutory Authority: RCW 19.28.060 and 19.28.210. 82-18-036 (Order 82-29), 296-46-910, filed 8/26/82. Statutory Authority: RCW 19.28.060. 81-06-037 (Order 81-5), 296-46-910, filed 2/27/81, effective 4/1/81; 78-02-098 (Order 77-31), 296-46-910, filed 1/31/78.]

AMENDATORY SECTION (Amending WSR 97-12-016, filed 5/28/97, effective 6/30/97)

WAC 296-46-915 Electrical contractor license, administrator certificate and examination, and copy fees.

(1) General or specialty contractor license (per twenty-four month period) $208

(2) Administrator certificate examination application (nonrefundable) $ 26

(3) Administrator original certificate (submitted with application) $ 62

(4) Administrator certificate renewal (per twenty-four month period) $ 78

(5) Late renewal of administrator certificate (per twenty-four month period) $156

(6) Transfer of administrator designation $ 31

(7) Certified copy of each document (maximum $44 per file)

$20 first document

$2 each additional document

(8) Reinstatement of a general or specialty contractor's license after a suspension $200

(9) Reinstatement of an administrator's certificate after a suspension $150

[Statutory Authority: RCW 19.28.060, [19.28.]210(6), [19.28.]350 and [19.28.]600. 97-12-016, 296-46-915, filed 5/28/97, effective 6/30/97. Statutory Authority: RCW 19.28.060, 19.28.010(1), 19.28.600, 19.28.120(2) and 19.28.510(2). 92-08-102, 296-46-915, filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 19.28.060, 19.28.120(2) and 19.28.510(2). 90-17-041, 296-46-915, filed 8/10/90, effective 9/10/90. Statutory Authority: RCW 19.28.060, 19.28.600 and chapter 19.28 RCW. 86-18-041 (Order 86-23), 296-46-915, filed 8/29/86.]

AMENDATORY SECTION (Amending Order 86-23, filed 8/29/86)

WAC 296-46-930 Electrical contractor license and administrator certificate designation. See RCW 19.28.120.

(1) General electrical license and/or administrator's certificate encompasses all phases and all types of electrical installations.

(2) Specialty (limited) electrical licenses and/or administrator's certificates are as follows:

(a) Residential (02): Limited to the wiring of one and two family dwellings, or multifamily dwellings not exceeding three floors above grade. All wiring to be in nonmetallic sheathed cable, except service and/or feeders. This specialty does not include wiring commercial occupancies such as motels, hotels, offices, or stores.

(b)(i) Pump and irrigation (03): Limited to the electrical connection of domestic and irrigation water pumps, circular irrigating systems and related pumps and pump houses. This specialty license includes circuits, feeders, controls, and services to supply said pumps.

(ii) Domestic well (03A): Limited to the extension of a branch circuit, which is supplied and installed by others, to pump controllers; pressure switches; alarm sensors; and water pumps which do not exceed 7 1/2 horsepower at 230 volts AC single phase. The installation of conductors cannot exceed fifty feet in length from the controller to the pump or from the controller to the well head.

(c) Signs (04): Limited to placement and connection of signs and outline lighting, the electrical supply, related controls and associated circuit extensions thereto; and the installation of a maximum 60 ampere, 120/240 volt single phase service to supply power to a remote sign only.

(d) Domestic appliances (05): Limited to the electrical connection of household appliances and the wiring thereto; such as hot water heaters, ranges, dishwashers, clothes dryers, oil and gas furnaces, and similar appliances. This specialty license includes circuits to the appliances; however, it does not include the installation of service and/or feeders or circuits to electric furnaces and heat pump equipment.

(e) Limited energy system (06): Limited to the installation of signaling and power limited circuits and related equipment. Such license includes the installation of fire protection signaling systems, intrusion alarms, nonutility owned communications systems, and such similar low energy circuits and equipment.

(f) Nonresidential maintenance (07): Limited to maintenance, repair and replacement of electrical equipment and conductors on industrial or commercial premises. This specialty certificate of license does not include maintenance activities in hotel, motel, or dwelling units.

(3) Combination specialty electrical contractor license. The department may issue a combination specialty electrical contractor license to a firm which qualifies for more than one specialty electrical contractor license. The license shall plainly indicate the specialty licenses which are included in the combination electrical contractor license.

(4) Combination specialty electrical administrator certificate. The department may issue a combination specialty administrator certificate to an individual who qualifies for more than one specialty administrators' certificate. The combination specialty administrators' certificate shall plainly indicate the specialty administrators' certificate the holder has qualified for.

[Statutory Authority: RCW 19.28.060, 19.28.600 and chapter 19.28 RCW. 86-18-041 (Order 86-23), 296-46-930, filed 8/29/86.]

AMENDATORY SECTION (Amending Order 86-23, filed 8/29/86)

WAC 296-46-950 Administrators certificate. (1) The department shall issue an administrator certificate to a person who qualifies for a certificate in accordance with RCW 19.28.125. The first certificate issued shall expire on the person's birthdate at least one year and not more than three years from the date of issue. If a person was born in an even numbered year, the certificate shall expire on the holder's even numbered birthdate. If the person was born in an odd numbered year, the certificate shall expire on the holder's odd numbered birthdate. The department shall prorate the administrators certificate fee according to the number of months or major portions of months in a certificate period. All subsequent certificates shall be issued for a twenty-four month period. The signature of a person who desires to renew their certificate shall be notarized.

(2) Effective July 1, 1987, an administrator designated on the electrical contractor license shall be a member of the firm who shall fulfill the duties of a full-time supervisory employee, or be a full-time supervisory employee. In determining whether the person is a member of the firm, the department shall require that the person is named as the sole proprietor, a partner or an officer in a corporation as shown on the electrical contractor license application on file with the department. In determining whether a person is a full-time supervisory employee, the department shall consider whether the person is on the electrical contractor's full-time payroll; receives a regular salary or wage similar to other employees; has supervisory responsibility for work performed by the electrical contractor and carries out the duties shown in RCW 19.28.125(2).

(3) The department may deny an application for an administrator's certificate for up to two years if the applicant's previous administrator's certificate has been revoked for a serious violation and all appeals concerning the revocation have been exhausted.

A serious violation is a violation of chapter 19.28 RCW, chapter 296-46 or 296-401 WAC that creates a hazard of fire or a danger to life safety. A serious violation is also a violation that presents imminent danger to the public. Imminent danger to the public is present when installations of wire and equipment that convey electric current have been installed in such a condition that a fire-hazard or a life-safety hazard is present. Imminent danger to the public is also present when unqualified, uncertified, or fraudulently certified electricians or administrators; or unlicensed or fraudulently licensed contractors are continuously or repeatedly performing or supervising the performance of electrical work covered under chapter 19.28 RCW. A certified electrician is considered qualified, provided the electrician is working within his or her certification.

[Statutory Authority: RCW 19.28.060, 19.28.600 and chapter 19.28 RCW. 86-18-041 (Order 86-23), 296-46-950, filed 8/29/86.]

NEW SECTION

WAC 296-46-960 Revocation or suspension of a contractor license or administrator certificate. The department has the power, in the case of one or more acts of serious noncompliance with the provisions of this chapter, to revoke or suspend for such a period as it determines, any electrical contractor license or electrical administrator certificate issued under chapter 19.28 RCW.

Serious noncompliance: Serious noncompliance with the provisions of chapter 19.28 RCW, includes but is not limited to the following:

(1) Failure to correct a serious violation that presents imminent danger as defined in WAC 296-46-950(3); or

(2) Submitting a fraudulent document to the department; or

(3) Continuous noncompliance with the provisions of chapter 19.28 RCW, chapter 296-46 or 296-401 WAC. For the purposes of this section, continuous noncompliance shall be defined as three or more citations demonstrating a reckless disregard of the electrical law, rules, or regulations within a period of six months; or where it can be otherwise demonstrated that the contractor or administrator has continuously failed to comply with the applicable electrical standards; or

(4) Failure to make any books or records, or certified copies thereof, available to the department for an audit to verify the hours of experience submitted by an electrical trainee.

[]

AMENDATORY SECTION (Amending Order 86-23, filed 8/29/86)

WAC 296-401-060 Specialty certificates. The department shall issue specialty electrician's certificates of competency in the following areas of electrical work:

(1) Residential (02). The holder of a residential certificate is limited to wiring one-family and two-family dwellings, or multifamily dwellings that do not exceed three floors above grade. All wiring shall be in nonmetallic sheathed cable, except service and feeder wiring. This specialty does not include wiring commercial occupancies such as motels, hotels, offices, or stores.

(2) Pump and irrigation (03). The holder is limited to the electrical connection of domestic and irrigation water pumps, circular irrigating systems, and related pumps and pump houses. The holder may also install the circuits, feeders, controls, and services necessary to supply electricity to the pumps.

(a) Domestic well specialty electrical technician (03A). The holder of this certificate is limited to the installation of materials, wires, and equipment providing electrical power, control, and operation of domestic water pumping systems and is further limited to:

The extension of a branch circuit, which is supplied and installed by others, to pump controllers; pressure switches; alarm sensors; and water pumps which do not exceed 7 and 1/2 horsepower at 230 volts AC single phase. The installation of conductors cannot exceed fifty feet in length from the controller to the pump or from the controller to the well head.

(b) Persons shall meet the eligibility requirements of WAC 296-401-085, Eligibility for specialty examination, to take this specialty examination if they:

(i) Provide notarized verification to the department of at least two years of experience under the supervision of a firm carrying on the business of installing domestic water systems; or

(ii) Provide notarized verification of experience of 1,000 hours and/or not less than two years under the direct supervision of a specialty electrical technician or a journeyman electrician under this chapter.

(c) Persons applying under (b)(i) of this subsection must do so prior to December 1, 1998. After December 1, 1998, all applicants must meet the requirements of (b)(ii) of this subsection.

(d) Certification of domestic well specialty electrical technicians shall be issued according to the provisions of WAC 296-401-165, Issuing and renewing an electrician certificate of competency.

(3) Signs (04). The holder is limited to; placing and connecting signs and outline lighting and their electrical supply, controls, and associated circuit extensions; and the installation of a maximum 60 ampere, 120/240 volt, single phase service to supply power to a remote sign only.

(4) Domestic appliances (05). The holder is limited to the electrical connection of domestic appliances and their wiring, such as hot water heaters, ranges, dishwashers, clothes dryers, oil and gas furnaces, and similar appliances. The holder may also install the circuits to domestic appliances but may not install service or feeder wires, or circuits to electric furnaces and heat pump equipment.

(5) Limited energy system (06). The holder is limited to installing signaling circuits, power limited circuits, and related equipment. Such equipment includes fire protection signaling systems, intrusion alarms, nonutility-owned communication systems, and similar low energy circuits and equipment.

(6) Nonresidential maintenance (07). The holder is limited to maintaining, repairing and replacing electrical equipment and conductors on industrial or commercial premises. This specialty certificate does not include maintenance activities in hotel, motel or dwelling units.

[Statutory Authority: RCW 19.28.060, 19.28.600 and chapter 19.28 RCW. 86-18-041 (Order 86-23), 296-401-060, filed 8/29/86. Statutory Authority: RCW 19.28.120 and 19.28.510. 83-23-053 (Order 83-32), 296-401-060, filed 11/14/83. Statutory Authority: RCW 18.37.130. 80-02-052 (Order 80-1), 296-401-060, filed 1/16/80.]

AMENDATORY SECTION (Amending WSR 97-12-016, filed 5/28/97, effective 6/30/97)

WAC 296-401-100 Computation of years of employment--Renewal of training certificates. (1) For the purposes of RCW 19.28.530, 2000 hours of employment shall be considered one year of employment.

(2) At the time of renewal of an electrical training certificate, the holder shall provide the department with an accurate list of the holder's employers in the electrical industry for the previous year, the specialty the holder worked in and the number of hours worked for each employer in each specialty.

(3) The employer or apprenticeship program director shall upon request by the holder of the training certificate furnish an accurate list of the hours worked by the holder within twenty days of the request.

(4) A person who has completed a four year apprenticeship program in the electrical construction trade that is registered with the state apprenticeship council or the Federal Bureau of Apprenticeship and Training shall be considered to have completed 8000 hours (four years) of employment.

(5) Credit for experience for electrical work which is legally exempt from the certification requirements under RCW 19.28.610, Exemptions from RCW 19.28.510 through 19.28.620, requires verification by the employer or owner for whom the electrical work was performed, and a sworn statement from a journeyman or specialty electrician holding a Washington state certificate who supervised the trainee. Beginning January 1, 1998, all exempt individuals learning the electrical trade shall obtain an electrical training certificate, renewed annually, from the department in order to be credited for hours worked in the trade from this date forward.

(6) audits: An audit of an electrical contractor's or employer's records, who has verified the hours of experience for an electrical trainee, may be performed pursuant to the authority contained in RCW 19.28.515, Electrical trainee hours--Audit--Rules--Confidentiality, and may include but will not be limited to:

(a) An audit to determine whether the electrical trainee was employed by the contractor or employer during the period for which the hours were submitted, the actual number of hours worked, and the category of electrical work the trainee performed.

(b) An audit of the contractor's or employer's books and records for a specific period which may include an examination of the employer's reporting of a trainee's payroll hours required for industrial insurance, employment security, or prevailing wage purpose.

(c) An audit time period may be less than, but will not exceed five years from the date of submittal of each affidavit verifying the hours of experience for an electrical trainee.

(d) Every employer or contractor shall keep a record of employment of each trainee from which the information needed by the department may be obtained and such record shall be made available within seven business days for inspection of the department's auditors or agents upon request. The employer must maintain time cards or similar records to verify the number of hours worked by a supervised trainee and the type of work performed by the trainee. Information obtained from an electrical contractor or employer under the provisions of RCW 19.28.515 is confidential and is not open to public inspection under chapter 42.17 RCW.

[Statutory Authority: RCW 19.28.060, [19.28.]210(6), [19.28.]350 and [19.28.]600. 97-12-016, 296-401-100, filed 5/28/97, effective 6/30/97. Statutory Authority: RCW 19.28.060. 88-16-002 (Order 88-15), 296-401-100, filed 7/21/88. Statutory Authority: RCW 19.28.060, 19.28.600 and chapter 19.28 RCW. 86-18-041 (Order 86-23), 296-401-100, filed 8/29/86. Statutory Authority: RCW 19.28.060. 81-06-037 (Order 81-5), 296-401-100, filed 2/27/81, effective 4/1/81. Statutory Authority: RCW 18.37.130. 80-02-052 (Order 80-1), 296-401-100, filed 1/16/80.]

AMENDATORY SECTION (Amending WSR 94-01-005, filed 12/1/93, effective 1/1/94)

WAC 296-401-163 Continuing education classes. (1) Each continuing education class, course, or seminar for renewal of an electrician's certificate of competency must be approved by a subcommittee of the electrical board. The subcommittee will consist of three board members with the chief electrical inspector as an ex-officio member. The action of the subcommittee will be reported and ratified at the next regularly scheduled board meeting. Class, course, or seminar hours completed prior to approval of the class, course, or seminar by the subcommittee will not be accepted.

(2) Each continuing education class, course, or seminar application submitted for subcommittee approval must:

(a) Be submitted on forms furnished by the department.

(b) The forms furnished by the department will require the following:

(i) Name of class, course, or seminar and a general description and course outline of the program, and list of all text and related materials, including hours to be earned and hours of classroom instruction.

(ii) Name and address of program sponsor including a contact person.

(iii) Names of instructors and qualifications.

(iv) Copy of completion certificate or copy of the continuing education form developed by the department which lists:

(A) Attendee's name, address, and Social Security number.

(B) Class number, location, and date of class.

(C) Instructor's name and signature or notarized signature of sponsor.

(c) Consist of not less than four classroom hours of instruction; be open to monitoring by a representative of the department and/or the electrical board at no charge.

(d) Award a certificate or continuing education form, to those completing the class, course, or seminar for submittal to the department accompanying the electrician's renewal application.

(e) In order to be considered for approval, course offerings must be based upon:

(i) Currently adopted edition of the National Electrical Code; and/or

(ii) Currently adopted WAC rules, chapters 296-46 and 296-401 WAC; or

(iii) Materials and methods as they pertain to electrical construction, building management systems, and electrical maintenance.

(3) Application for approval of continuing education classes, courses, or seminars must be received by the department not less than forty-five days prior to the proposed first offering of the class, course, or seminar.

(4) Approval of classes, courses, or seminars will be for a period not to exceed three years and when code related must be resubmitted for approval upon adoption of a new National Electrical Code edition.

(5) All class, course, or seminar approval considered will be reviewed without testimony and will be considered on submitted information only. The applicant will be notified within five days of the review of acceptance or with specific written explanation as to why, the applicant's submittal has been rejected.

(6) Applicants wishing to appeal a decision by the subcommittee must do so not less than forty-five days prior to a regularly scheduled electrical board meeting and must furnish any additional information, for submittal to the electrical board not less than thirty days prior to the electrical board meeting scheduled to hear the appeal.

(7) Acceptable evidence of completion of a continuing education class, course, or seminar shall be a copy of the completion certificate required in subsection (2)(d) of this section. The department will not keep the submitted copies of the completion certificate on file after renewal of an applicant's certificate. The department will not accept, nor be responsible for, the original of any completion certificate issued under this section. Approved course sponsors must submit a copy of the original sign-in sheet containing the signatures of all class participants, following completion of each approved continuing education course offered. Sponsors offering approved correspondence courses, must submit a roster of all class participants who successfully complete the course.

[Statutory Authority: RCW 19.28.065 and 19.28.550. 94-01-005, 296-401-163, filed 12/1/93, effective 1/1/94.]

AMENDATORY SECTION (Amending WSR 97-12-016, filed 5/28/97, effective 6/30/97)

WAC 296-401-165 Issuing and renewing an electrician certificate of competency. (1) The department shall issue an electrician certificate of competency to journeyman or specialty electricians who meet the qualifications in RCW 19.28.530 and who have successfully passed a certification examination in accordance with RCW 19.28.540.

(2) The electrician certificate of competency shall expire on the holder's birthdate at least one year and not more than three years from the date of original issue. All subsequent certificates shall be issued for a three-year period. The department shall prorate the original electrician certification fee according to the number of months or major part of a month in a certificate period.

(3) Certificate renewal requirements.

(a) Beginning April 30, 1997, to renew an electrician certificate of competency the holder must, prior to the expiration date of the certificate, remit the appropriate fee identified in WAC 296-401-175 and provide to the department evidence of the completion of approved continuing education course(s) of at least eight classroom hours duration per year of the prior certification period. Any portion of a year is equal to one year for continuing education requirements. The holder of a certificate for renewal cannot receive credit for the same continuing education course taken more than once in a three-year prior certification period.

(b) An electrician certificate will be renewed within ninety days after the expiration date without reexamination, if the applicant furnishes to the department evidence of completion of approved continuing education course(s) of at least eight classroom hours duration per year of the prior certification, by payment of double the fee identified in WAC 296-401-175. All applications for renewal received more than ninety days after the expiration date of the certificate will require passage of the examination provided by RCW 19.28.540 for recertification.

(c) An electrician certificate will be renewed but will be placed in an inactive status if the renewal process concerning the remittance of application and proper fees complies with (a) or (b) of this subsection but the applicant has not completed the required hours of continuing education course(s). Persons holding a certificate placed in an inactive status will not be permitted to engage in the electrical construction trade. Certificates placed in an inactive status will be returned to active status upon presentation to the department of evidence that all classroom hours of continuing education that were required for renewal have been completed.

(d) Each application for renewal of a prior certification that covered a period of two years or more must include evidence of attendance at an approved continuing education class, of at least eight classroom hours duration, on the current National Electrical Code changes.

[Statutory Authority: RCW 19.28.060, [19.28.]210(6), [19.28.]350 and [19.28.]600. 97-12-016, 296-401-165, filed 5/28/97, effective 6/30/97. Statutory Authority: RCW 19.28.550. 94-01-005, 296-401-165, filed 12/1/93, effective 1/1/94. Statutory Authority: RCW 19.28.060, 19.28.600 and chapter 19.28 RCW. 86-18-041 (Order 86-23), 296-401-165, filed 8/29/86. Statutory Authority: RCW 19.28.120 and 19.28.510. 83-23-053 (Order 83-32), 296-401-165, filed 11/14/83.]

AMENDATORY SECTION (Amending Order 88-15, filed 7/21/88)

WAC 296-401-170 Hearing or appeal procedure. (1) An employer or employee to whom a citation or cease and desist order is directed; a person who is aggrieved by the department's suspension or revocation of a trainee, journeyman, or specialty certificate; or the denying an application to take an examination for a certificate; or a person who has had his or her hours reduced pursuant to WAC 296-401-150; may request a formal or informal hearing before the electrical board within ((fifteen)) twenty days from receipt of the citation, cease and desist order, the suspension or revocation of a certificate, denial of an application, or the reduction of hours.

(2) The formal appeal shall be made in writing to the department chief electrical inspector and shall state the action by the department that is being appealed and the relief that is desired and shall be accompanied by a certified check in the amount of two hundred dollars made payable to the department. The deposit shall be returned to the aggrieved party if the decision of the department is not sustained or upheld. If the decision of the department is sustained or upheld, the deposit shall be used to pay the expenses of holding the hearing and any balance remaining after payment of the hearing expenses shall be paid into the electrical license fund. The formal appeal shall be assigned to an administrative law judge and shall be held in conformance with the requirements of the Administrative Procedure Act, chapter 34.04 RCW. Findings of fact, conclusions of law, and a decision are given as a result of a formal appeal.

(3) The electrical board will hear informal appeals from persons who desire to contest a decision of the department. Informal appeals will be heard by the board at a regular or special board meeting. An informal appeal shall be made in writing to the department chief electrical inspector and shall state the action by the department that is being appealed and the relief that is desired. An informal decision is given as a result of an informal appeal.

(4) See chapter 296-13 WAC for additional information on appeals before the electrical board.

[Statutory Authority: RCW 19.28.060. 88-16-002 (Order 88-15), 296-401-170, filed 7/21/88. Statutory Authority: RCW 19.28.060, 19.28.600 and chapter 19.28 RCW. 86-18-041 (Order 86-23), 296-401-170, filed 8/29/86. Statutory Authority: RCW 18.37.130. 80-02-052 (Order 80-1), 296-401-170, filed 1/16/80.]

AMENDATORY SECTION (Amending WSR 97-12-016, filed 5/28/97, effective 6/30/97)

WAC 296-401-175 Journeyman, specialty and trainee certificate, and examination fees.

(1) Journeyman or specialty electrician

certificate renewal (per 36-month

period) - $ 62

(2) Late renewal of journeyman or specialty

electrician certificate (per 36-month

period) - $125

(3) Journeyman or specialty electrician

examination application (nonrefundable) - $ 26

(4) Journeyman or specialty electrician

original certificate

(submitted with application) - $ 41

(5) Trainee certificate (expires one

year after purchase) - $ 20

(6) Trainee certificate renewal or

update of hours - $ 20

(7) Journeyman or specialty electrician test

or retest fee - $ 47

(8) Reciprocal journeyman or specialty certificate - $ 67

(9) Reinstatement of journeyman or specialty certificate - $ 20

(10) Continuing education course approval - $ 40

(11) Continuing education course renewal - $ 20