WSR 26-12-074
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
LABOR AND INDUSTRIES
[Order 26-09—Filed June 2, 2026, 4:41 p.m.]
Subject of Possible Rule Making: Chapter 296-400A WAC, Plumber certification rules; plumber infractions.
Statutes Authorizing the Agency to Adopt Rules on this Subject: ESSB 6197, chapter 178, Laws of 2026; and chapter 18.106 RCW.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule making is to implement ESSB 6197, chapter 178, Laws of 2026. ESSB 6197 modifies the circumstances in which infractions may be used to suspend a certificate under RCW 18.106.270. The amendments to the underlying statute include the following:
•Individuals or plumbing contractors that have acquired five or more infractions within a five-year period, rather than three infractions in three years, may have their certificate suspended for up to two years from the date of the department of labor and industries' (L&I) final order;
•Removing recommendations from the plumbers advisory board as a determining factor for issuing the suspension; and
•L&I must provide regular updates on enforcement actions under RCW 18.106.270 to the plumbers advisory board.
ESSB 6197 takes effect January 1, 2027. L&I is initiating rule making to update the rules to implement the statutory amendments, including criteria in rule for when licenses are suspended and the duration.
Additionally, this rule making may include amendments to align with statute, updates, clarification, housekeeping, and other changes.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: L&I will develop the rule language with input from stakeholders. Interested parties may participate in the decision to adopt the amended rules and formulation of the rules before publication by contacting the individual below. The public may also participate after amendments are proposed by providing written comments and/or testimony during the public hearing and comment period.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Alicia Curry, L&I, Customer Service, Compliance, and Public Safety Division, P.O. Box 44400, Olympia, WA 98504-4400, phone 360-902-6244, fax 360-902-6134, email CSCPSRules@Lni.wa.gov.
Additional comments: For more information about L&I rule making, visit L&I's rule-making activity web page at https://www.lni.wa.gov/rulemaking-activity/?query=296-400A.
June 2, 2026
Joel Sacks
Director