Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-16-093.

     Title of Rule and Other Identifying Information: WAC 296-400A-025 What definitions do I need to know to understand these rules?, 296-400A-021 How do I obtain a medical gas piping installer endorsement?, 296-400A-045 What fees will I have to pay?, and 296-400A-022 What procedure is required for renewal of a journeyman medical gas endorsement?

     Hearing Location(s): Department of Labor and Industries, 901 North Monroe Street, Suite 100, Spokane, WA, on April 26, 2005, at 1:00 p.m.; and at the Department of Labor and Industries, 7273 Linderson Way S.W., Room S117, Tumwater, WA, on April 29, 2005, at 10:00 a.m.

     Date of Intended Adoption: May 17, 2005.

     Submit Written Comments to: Sally Elliott, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, e-mail yous235@lni.wa.gov, fax (360) 902-5292, by April 29, 2005.

     Assistance for Persons with Disabilities: Contact Sally Elliott by March 31, 2005, at yous235@lni.wa.gov or (360) 902-6411.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to update the requirements for medical gas piping in order to be consistent with national and industry standards. This will alleviate the inconsistencies between the national and state standards.

     The department is also proposing a 3.03% fee increase, which is the Office of Financial Management's maximum allowable fiscal growth rate factor for fiscal year 2005. This fee increase is necessary to maintain the financial health and operational effectiveness of the plumbers program.

     Reasons Supporting Proposal: The proposed rules will provide consistency between the national and industry standards with the state rules. The plumber rules will therefore be easier for the industry to use.

     Statutory Authority for Adoption: RCW 18.106.040, 18.106.140.

     Statute Being Implemented: Chapter 18.106 RCW.

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

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

     Name of Agency Personnel Responsible for Drafting: Pete Schmidt, Tumwater, Washington, (360) 902-5571; Implementation and Enforcement: Patrick Woods, Tumwater, Washington, (360) 902-6348.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has considered whether the proposed rules relating to medical gas are subject to the Regulatory Fairness Act and has determined that they do not require a small business economic impact statement because the costs associated with the proposed changes are exempted by law (see RCW 19.85.025 referencing RCW 34.05.310(4)) from the small business economic impact requirements and/or do not impose a more than minor impact on business.

     A small business economic impact statement was not prepared for the fee increase because of the exemption under RCW 34.05.328 (5)(b)(vi), since the changes in this rule making set or adjust fees pursuant to legislative standards.

     A cost-benefit analysis is not required under RCW 34.05.328. The department determined the medical gas rules do not require a cost-benefit analysis because the costs associated with the proposed changes are exempted by law (see RCW 19.85.025 referencing RCW 34.05.310(4)) and/or do not impose a more than minor impact on business.

     A cost-benefit analysis was not prepared for the fee increase because of the exemption under RCW 34.05.328 (5)(b)(vi), since the changes in this rule making set or adjust fees pursuant to legislative standards.

March 1, 2005

Paul Trause

Director

OTS-7837.4

AMENDATORY SECTION(Amending WSR 04-12-046, filed 5/28/04, effective 6/30/04)

WAC 296-400A-005   What definitions do I need to know to understand these rules?   Unless a different meaning is clearly required by the context, the following terms and definitions are important:

     "Advisory board" is the state advisory board of plumbers.

     "Audit" means an assessment, evaluation, examination or investigation of, contractor's accounts, books and records for the purpose of verifying the contractor's compliance with RCW 18.106.320.

     "Backflow assembly" or "backflow prevention assembly" or "backflow preventer" is a device as described in the Uniform Plumbing Code used to prevent the undesired reversal of flow of water or other substances through a cross-connection into the public water system or consumer's potable water system.

     "Backflow assembly tester" is an individual certified by the department of health to perform tests to backflow assemblies.

     "Continuing education" is approved plumbing and electrical courses for journeyman and residential specialty plumbers, to meet the requirements to maintain their plumbing certification and for trainees or individuals to become certified plumbers in Washington.

     "Continuing education course provider" is an entity approved by the department, in consultation with the state advisory board of plumbers, to provide continuing education training for journeyman, specialty residential plumbers and trainees. All training course providers must comply with the requirements in WAC 296-400A-028.

     "Continuity affidavit" is a form developed by the department that is used to verify whether medical gas pipe installation work (brazing process) has been performed biannually. This form is provided to the department annually by the person holding the medical gas piping installer endorsement and requires the signature of the employer of the medical gas piping installer. Continuity is a visual examination by the employer of the brazing that was performed.

     "Contractor" means any person, corporate or otherwise, who engages in, or offers or advertises to engage in, any work covered by the provisions of chapter 18.106 RCW by way of trade or business, or any person, corporate or otherwise, who employs anyone, or offers or advertises to employ anyone, to engage in any work covered by the provisions of chapter 18.106 RCW and is registered as a contractor under chapter 18.27 RCW.

     "Dispatcher" means the contractor's employee who authorized the work assignment of the person employed in violation of chapter 18.106 RCW.

     "Department" is the department of labor and industries.

     "Director" is the director of the department of labor and industries.

     "Journeyman plumber" is anyone who has learned the commercial plumbing trade and has been issued a journeyman certificate of competency by the department. A journeyman plumber may work on plumbing projects including residential, commercial and industrial worksite locations.

     "Medical gas piping installer" is anyone who has been issued a medical gas piping installer endorsement of competency by the department.

     "Medical gas piping systems" are piping systems that convey or involve oxygen, nitrous oxide, high pressure nitrogen, medical compressed air ((and)), or medical vacuum systems.

     "Plumbing" is that craft involved in installing, altering, repairing and renovating potable water systems, liquid waste systems and medical gas piping systems within a building. The installation of water softening or water treatment equipment into a water system is not considered plumbing.

     "Records" include, but are not limited to, all bids, invoices, billing receipts, time cards and payroll records that show the work was performed, advertised, or bid.

     "Specialty plumber" is anyone who has been issued a specialty plumbers certificate of competency by the department limited to:

     (a) Installation, maintenance and repair of plumbing for single-family dwellings, duplexes and apartment buildings which do not exceed three stories; or

     (b) Maintenance and repair of backflow assemblies located within a residential or commercial building or structure. For the purposes of this subsection, "maintenance and repair" includes cleaning and replacing internal parts of an assembly, but does not include installing or replacing backflow assemblies.

     "Supervision" for the purpose of these rules means within sight or sound. Supervision requirements are met when the supervising plumber is on the premises and within sight or sound of the individual who is being trained.

     "Training course provider" is an entity approved by the department, in consultation with the state advisory board of plumbers, to provide medical gas piping installer training. All training course providers must comply with the requirements in WAC 296-400A-026.

     "Trainee plumber" is anyone who has been issued a trainee certificate and is learning or being trained in the plumbing trade with direct supervision of either a journeyman plumber or specialty plumber working in their specialty.

[Statutory Authority: RCW 18.106.040, 18.106.140, 2002 c 82, and 2003 c 399. 04-12-046, § 296-400A-005, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 18.106.040, 18.106.140, 2001 c 281, and chapter 18.106 RCW. 02-14-074, § 296-400A-005, filed 6/28/02, effective 7/1/02. Statutory Authority: Chapter 18.106 RCW. 98-13-126, § 296-400A-005, filed 6/17/98, effective 7/20/98. Statutory Authority: RCW 18.106.050, [18.106.]070, [18.106.]110, [18.106.]125, [18.106.]140 and [18.106.]270. 97-11-052, § 296-400A-005, filed 5/20/97, effective 6/30/97.]

     You can obtain a medical gas piping installer endorsement by completing the following requirements:

     (1) Submit an application to the department; and

     (2) Pay the examination application fee shown in WAC 296-400A-045; and

     (3) Submit the required evidence of approved training to the department; and

     (4) Pass the written and practical competency examination;*and

     (5) Pay the endorsement issuance fee shown in WAC 296-400A-045 to the department.

     ((At the effective date of these medical gas piping installer rules, you may apply for the state of Washington medical gas piping installer endorsement in lieu of taking the medical gas piping installer examination, if you hold a current medical gas piping installers certificate issued by a department recognized training course provider. This opportunity to obtain your endorsement without taking the examination will expire one year from the effective date of these medical gas piping installer rules.))

*The written and practical competency examination is performed under contract with a nationally recognized testing agency. The results of the competency examination will be forwarded to the department for processing.

[Statutory Authority: RCW 18.106.040, 18.106.140, 2002 c 82, and 2003 c 399. 04-12-046, § 296-400A-021, filed 5/28/04, effective 6/30/04. Statutory Authority: Chapter 18.106 RCW. 98-13-126, § 296-400A-021, filed 6/17/98, effective 7/20/98.]

     (2) Submit affidavit of continuity;

     (3) Submit affidavit of review of current medical gas code adopted by the Washington state building code council;

     (4) Pay the appropriate fee: If renewal occurs before expiration of current endorsement, the renewal fee shown in WAC 296-400A-045; if renewal occurs within ninety days of expiration of current endorsement, you must pay a double renewal fee; if the current endorsement has been expired for ninety-one days or more, you must take an examination relating to medical gas installation administered by the department and pay the examination application fee shown in WAC 296-400A-045; and

     (5) Contractors shall accurately verify and attest to brazing performed by the journeyman by sending an affidavit to the department.

[]

     (1) Fees related to journeyman and specialty plumber certification:

Type of Fee	Period Covered by Fee	Dollar Amount of Fee
Examination application	Per examination	$((115.30)) 118.70
Reciprocity application*	Per application	$((115.30)) 118.70
Trainee certificate**	One year	$((34.50)) 35.50
Temporary permit (not applicable for backflow assembly maintenance and repair specialty)	90 days	$((57.40)) 59.10
Journeyman or residential specialty certificate***	Two years (fee may be prorated based on months)	$((92.40)) 95.10
Backflow assembly maintenance and repair specialty certificate	Two years (fee may be prorated based on months)	$((63.80)) 65.70
Medical gas endorsement ((examination)) application	Per application	$((42.60)) 43.80
Medical gas endorsement***	One year	$((31.80)) 32.70
Medical gas endorsement examination fee****		See note below.
Medical gas endorsement training course fee*****		See note below.
Reinstatement fee for residential and journeyman certificates		$((184.90)) 190.50
Reinstatement fee for backflow assembly maintenance and repair specialty certificates		$((106.50)) 190.70
Replacement fee for all certificates		$((15.80)) 16.20
Refund processing fee		$((25.00)) 25.70
Unsupervised trainee endorsement		$((25.00)) 25.70
Inactive status fee		$((25.00)) 25.70
Certified letter fee		$((25.00)) 25.70
Continuing education new course fee******		$((150.00)) 154.50
Continuing education renewal course fee******		$((75.00)) 77.20
Continuing education classes provided by the department		$12 per continuing education training hour
		$8 per continuing education training hour for correspondence and internet courses

*	Reciprocity application is only allowed for applicants that are applying work experience toward certification that was obtained in state(s) with which the department has a reciprocity agreement.

**	The trainee certificate shall expire one year from the date of issuance and must be renewed on or before the date of expiration.
***	This fee applies to either the original issuance or a renewal of a certificate. If you have passed the plumbers certificate of competency examination or the medical gas piping installer endorsement examination and paid the certificate fee, you will be issued a plumber certificate of competency or a medical gas endorsement that will expire on your birth date.
	The annual renewal of a Medical Gas Piping Installer Endorsement shall include a continuity affidavit verifying that brazing work has been performed ((within the past year)) biannually.
****	This fee is paid directly to a nationally recognized testing agency under contract with the department. It covers the cost of preparing and administering the written competency examination and the materials necessary to conduct the practical competency examination required for the medical gas piping system installers endorsement. This fee is not paid to the department.
*****	This fee is paid directly to a training course provider approved by the department, in consultation with the state advisory board of plumbers. It covers the cost of providing training courses required for the medical gas piping system installer endorsement. This fee is not paid to the department.
******	This fee is for a three-year period or code cycle.

     (2) If your birth year is:

     (a) In an even-numbered year, your certificate will expire on your birth date in the next even-numbered year.

     (b) In an odd-numbered year, your certificate will expire on your birth date in the next odd-numbered year.

[Statutory Authority: RCW 18.106.040, 18.106.140, 2002 c 82, and 2003 c 399. 04-12-046, § 296-400A-045, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 43.22.350, 43.22.434, 43.22.480, 43.22.500, 70.87.030, 18.106.070, 18.106.125, 2001 c 7, and chapters 18.106, 43.22, and 70.87 RCW. 03-12-045, § 296-400A-045, filed 5/30/03, effective 6/30/03. Statutory Authority: RCW 18.106.040, 18.106.140, 2001 c 281, and chapter 18.106 RCW. 02-14-074, § 296-400A-045, filed 6/28/02, effective 7/1/02. Statutory Authority: RCW 18.106.125. 99-07-101, § 296-400A-045, filed 3/23/99, effective 4/23/99. Statutory Authority: Chapter 18.106 RCW. 98-13-126, § 296-400A-045, filed 6/17/98, effective 7/20/98. Statutory Authority: Chapters 18.106, 18.27 and 43.22 RCW. 98-12-041, § 296-400A-045, filed 5/29/98, effective 6/30/98. Statutory Authority: RCW 18.106.050, [18.106.]070, [18.106.]110, [18.106.]125, [18.106.]140 and [18.106.]270. 97-11-052, § 296-400A-045, filed 5/20/97, effective 6/30/97.]