Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-15-066.

     Title of Rule and Other Identifying Information: Chapter 296-400A WAC, Plumber certification rules.

     Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Room S119, Tumwater, WA 98501, on October 27, 2011, at 9:00 a.m.

     Date of Intended Adoption: November 22, 2011.

     Submit Written Comments to: Sally Elliott, P.O. Box 44400, Olympia, WA 98504-4400, e-mail yous235@lni.wa.gov, fax (360) 902-5292, by 5 p.m. on October 27, 2011.

     Assistance for Persons with Disabilities: Contact Sally Elliott by October 15, 2011, at yous235@lni.wa.gov or (360) 902-6411.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The plumber certification program's budget and projected revenue indicate a fee increase is necessary to help cover the cost of ongoing services of the program. The plumber certification program was given the authority by 2ESHB 1087, which passed the 2011 legislature, to increase fees to cover the program's expenditures. Due to a projected revenue shortfall of $60,000 for fiscal year 12, the program will need to increase fees 8.6 percent. Therefore, the department needs to increase plumber certification fees above the fiscal growth factor to cover the expenditures.

     Reasons Supporting Proposal: See Purpose above.

     Statutory Authority for Adoption: Chapter 18.106 RCW and 2011 2ESHB 1087.

     Statute Being Implemented: Chapter 18.106 RCW and 2011 2ESHB 1087.

     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: Rich Ervin, Tumwater, Washington, (360) 902-5571; Implementation and Enforcement: Jose Rodriguez, Tumwater, Washington, (360) 902-6348.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. L&I is exempt from preparing a small business economic impact statement under RCW 19.85.025 referencing RCW 34.05.310 (4)(f), since the purpose of this rule making is to set and adjust fees authorized by the passed statute.

     A cost-benefit analysis is not required under RCW 34.05.328. L&I is exempt from preparing a cost-benefit analysis under RCW 34.05.328 (5)(b)(vi) because rule making is setting and adjusting fees authorized by the passed statute.

September 20, 2011

Judy Schurke

Director

OTS-4186.1

AMENDATORY SECTION(Amending WSR 10-06-051, filed 2/24/10, effective 4/1/10)

WAC 296-400A-045   What fees will I have to pay?   The following are the department's plumbers nonrefundable fees: Fees related to journeyman and specialty plumber certification:

Type of Fee	Period Covered by Fee	Dollar Amount of Fee
Examination application	Per examination	$((139.90)) 151.90
Domestic pump specialty application fee*******	Per application	$((139.90)) 151.90
Reciprocity application*	Per application	$((139.90)) 151.90
Trainee certificate**	One year or when hours are updated	$((41.70)) 45.20
Temporary permit (not applicable for backflow assembly maintenance and repair specialty)	120 days	$((69.50)) 75.40
Journeyman or residential specialty certificate renewal or 1st card***	Two years	$((112.00)) 121.60
Domestic pump specialty plumber certificate renewal or 1st card***	Three years	$((168.10)) 182.50
Backflow assembly maintenance and repair specialty certificate renewal or 1st card***	Two years	$((77.30)) 83.90
Medical gas endorsement application	Per application	$((51.50)) 55.90
Medical gas endorsement renewal or 1st card***	Two years	$((77.00)) 83.60
Medical gas endorsement examination fee****		See note below.
Medical gas endorsement training course fee*****		See note below.
Domestic pump specialty examination fee****		See note below.
Reinstatement fee for residential and journeyman certificates		$((224.60)) 243.90
Reinstatement fee for backflow assembly maintenance and repair specialty certificates		$((129.20)) 140.30
Reinstatement fee for domestic pump		$((336.30)) 365.20
Replacement fee for all certificates		$((18.90)) 20.50
Refund processing fee		$((30.10)) 32.60
Unsupervised trainee endorsement		$((30.10)) 32.60
Inactive status fee		$((30.10)) 32.60
Honorary plumbing certification		$((120.00)) 130.30
Certified letter fee/verification of licensure		$((30.10)) 32.60
Documents copied from a plumber's file		$2.00 per page maximum copy charge $30.00
Continuing education new course fee******		$((181.90)) 197.50
Continuing education renewal course fee******		$((90.80)) 98.60
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 reciprocity application is valid for one year.

**	The trainee certificate shall expire one year from the date of issuance and must be renewed on or before the date of expiration. Trainee update fee required when hours are submitted outside of renewal period.
***	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 two-year renewal of a Medical Gas Piping Installer Endorsement shall include a continuity affidavit verifying that brazing work has been performed every six months during the renewal cycle.
****	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 or the domestic pump or pump and irrigation examination. 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.
*******	The domestic pump specialty application is valid for one year.

[Statutory Authority: RCW 18.106.040 and 18.106.140. 10-06-051, § 296-400A-045, filed 2/24/10, effective 4/1/10; 09-10-080, § 296-400A-045, filed 5/5/09, effective 6/5/09. Statutory Authority: Chapters 18.106, 43.22 RCW, 2008 c 285 and c 329. 08-12-042, § 296-400A-045, filed 5/30/08, effective 6/30/08. Statutory Authority: Chapters 18.27, 18.106, 43.22, and 70.87 RCW. 07-11-128, § 296-400A-045, filed 5/22/07, effective 6/30/07. Statutory Authority: RCW 18.106.040, 18.106.140. 06-24-040, § 296-400A-045, filed 11/30/06, effective 12/31/06. Statutory Authority: Chapters 18.106, 43.22, and 70.87 RCW. 06-10-066, § 296-400A-045, filed 5/2/06, effective 6/30/06. Statutory Authority: RCW 19.103.040, 18.106.140, and chapter 18.106 RCW. 05-11-061, § 296-400A-045, filed 5/17/05, effective 6/30/05. 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.]

© Washington State Code Reviser's Office