Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-15-104.

     Title of Rule: Chapter 296-46A WAC, Safety standards -- Installing electric wires and equipment -- Administrative rules and chapter 296-401B WAC, Certification of competency for journeyman electricians.

     Purpose: The purpose of these rules is to extend the application and examination dates for several electrical administrator and certified electrician categories. The department has already extended these deadlines as a matter of policy as the allotment of more time will improve public safety and compliance with the regulations for purposes of consumer protection through the registration, licensure, and certification of more licensed and bonded electrical contractors. It is the goal of this extension to increase compliance with the rule, public safety, and consumer protection for all citizens in the state. These rules ensure that potentially competent and compliant individuals and employers have an adequate amount of time to comply with the rules.

Amended Section: WAC 296-46A-950 Administrator certificate. This section was amended to:

•     Change the last date to submit applications for temporary administrator from December 31, 2001, to May 31, 2002, for several of the specialty administrator categories;

•     Correct a typographical error;

•     Change the application date for telecommunications administrators from June 30, 2001, to December 31, 2001, to correct an error from the previous rule making;

•     Change the timeframe for completing the specialty administrator examination until December 31, 2002, or twelve months after submitting application, whichever is longer, for several of the specialty administrator categories;

•     Specify the interim enforcement date for the telecommunications administrators to be January 19, 2001, to correct an error from the previous rule making; and

•     Specify in rule that the department may waive the fees associated with the certificate extensions granted under this section.

Amended Section: WAC 296-401B-340 Trainees working without supervision. This section was amended to:

•     Specify that applications for an unsupervised electrical training certificate must be submitted prior to May 31, 2002, no application deadline for applying previous work experience exists in the current rules;

•     Change the date allowing electrician candidates to qualify for the third-year training certificate until December 31, 2002, or twelve months after submitting application, whichever is longer, for several of the specialty electrician categories;

•     Changing the timeframe for completing the examination until December 31, 2002, or twelve months after submitting application, whichever is longer, for several of the specialty electrician categories; and

•     Specify in rule that the department may waive the fees associated with the certificate extensions granted under this section.

     Statutory Authority for Adoption: RCW 19.28.041, 19.28.051, 19.28.101, 19.28.121, 19.28.161, 19.28.201, 19.28.211, and 19.28.341.

     Statute Being Implemented: Chapter 19.28 RCW.

     Summary: See Purpose above.

     Reasons Supporting Proposal: See Purpose above.

     Name of Agency Personnel Responsible for Drafting: Ron Fuller, Tumwater, (360) 902-5249; Implementation and Enforcement: Patrick Woods, Tumwater, (360) 902-6348.

     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 costs associated with the proposed rules will not place a more than minor impact on any business or contractor and the proposed rules are exempted by law (see RCW 19.85.025 referencing RCW 34.05.310(4)) from the small business economic impact requirements.

     RCW 34.05.328 does not apply to this rule adoption. Significant rule-making criteria does not apply to these rule changes as these rule changes do not fall within the definition of "significant legislative rules" and the exempt criteria outlined in RCW 34.05.328(5) was met.

     Hearing Location: Department of Labor and Industries Building, S118, 7273 Linderson Way S.W., Tumwater, WA, on October 8, 2002, at 11:00 a.m. - 1:00 p.m.

     Assistance for Persons with Disabilities: Contact Josh Swanson by October 7, 2002, at (360) 902-6411.

     Submit Written Comments to: Josh Swanson, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, e-mail swaj235@lni.wa.gov, fax (360) 902-5292, by October 8, 2002. Comments submitted by fax must be ten pages or less.

     Date of Intended Adoption: October 9, 2002.

September 3, 2002

Gary Moore

Director

OTS-5914.1

AMENDATORY SECTION(Amending WSR 01-01-097, filed 12/15/00, effective 1/18/01)

WAC 296-46A-950   Administrator certificate.   (1) The department must issue an administrator certificate to a person who qualifies for a certificate in accordance with chapter 19.28 RCW and makes proper application that includes the person's Social Security number, date of birth, and mailing address. The first certificate issued will 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 will expire on the holder's even numbered birthdate. If the person was born in an odd numbered year, the certificate will expire on the holder's odd numbered birthdate. The department will prorate the administrator's certificate fee according to the number of months or major portions of months in a certificate period. All subsequent certificates will be issued for a twenty-four month period.

     (2) The department may deny application or renewal of an administrator's certificate if the individual owes outstanding final judgments to the department.

     (3) Effective July 1, 1987, an administrator designated on the electrical/telecommunications contractor's license must be a member of the firm who fulfills 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 will require that the person is named as the sole proprietor, a partner or an officer in a corporation as shown on the electrical contractor's license application on file with the department and the secretary of state. In determining whether a person is a full-time supervisory employee, the department will consider whether the person is on the electrical/telecommunications contractor's full-time payroll; receives a regular salary or wage similar to other employees; has supervisory responsibility for work performed by the electrical/telecommunications contractor and carries out the duties shown in chapter 19.28 RCW.

     (4) A firm may designate certain temporary specialty administrator(s) or telecommunications initial specialty administrator(s) to satisfy the requirements of chapter 19.28 RCW under the guidelines described in Table 950-1 Temporary Specialty Administrator Application/Enforcement Procedure.

     (5)     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 or suspended for serious noncompliance, as defined in WAC 296-46A-960.

     (6) The department may waive the fees associated with the certificate extensions granted under this section.

Table 950-1--Temporary Specialty Administrator Application/Enforcement Procedure

1.	The initial telecommunications designated administrators(s) allowed in RCW 19.28.420(6) is not required to pass an examination.
2.	If previous experience is required, it must be full-time in the appropriate specialty.
3.	No extension of the temporary specialty administrator's status will be permitted unless the examination is successfully completed and a permanent specialty administrator's certificate is obtained within three months of the examination date. A temporary specialty administrator certificate cannot be renewed or extended.
4.	See Figure 1. If a citation is issued for failure to comply with the requirements of chapter 19.28 RCW or WAC 296-46A, the individual/firm will lose the ability to assign a temporary administrator prior to examination.
5.	To qualify for a temporary specialty administrator certificate or telecommunications initial designated specialty administrator certificate, the following must be submitted to the department: Complete contractor's application package, complete administrator's application and examination package, complete Transfer of Administrator form, and all appropriate fees.
6.	No requirement for the owner of a telecommunications firm described in RCW 19.28.420 (6)(a).

Place illustration here.

[Statutory Authority: RCW 19.28.031, 19.28.551, 19.28.010, 19.28.101, 19.28.171, 19.28.191, 19.28.251, 19.28.470, 19.28.490, 67.42.050, 2000 c 238, and chapter 19.28 RCW. 01-01-097, § 296-46A-950, filed 12/15/00, effective 1/18/01.]

OTS-5915.1

AMENDATORY SECTION(Amending WSR 01-01-097, filed 12/15/00, effective 1/18/01)

WAC 296-401B-340   Trainees working without supervision.   (1) After review by the department, a trainee may be issued a six-month, nonrenewable unsupervised electrical training certificate that will allow the individual to work without supervision if the trainee:

     (a) Has submitted a complete application for an unsupervised electrical training certificate prior to May 31, 2002;

     (b) Has worked over 7,000 hours properly supervised;

     (c) Has successfully completed or is currently enrolled in an approved apprenticeship program or an electrical construction trade program in a school approved by the board of community and technical colleges;

     (d) Has paid all appropriate training certificate fees listed in WAC 296-401B-700; and

     (e) Is currently working for and continues to work for a licensed electrical contractor that employs at least one certified journeyman or specialty electrician in the appropriate specialty.

     (2) HVAC/refrigeration limited energy technician trainees may work unsupervised when doing HVAC/refrigeration thermostat installation as follows:

     (a) HVAC/refrigeration first- and second-year trainees may work unsupervised when installing HVAC thermostat cable when the system consists of a single thermostat in one- and two-family dwelling units where line voltage power is not connected to the system.

     (b) HVAC/refrigeration second year trainees may work unsupervised when installing thermostats or making thermostat cable connections in one- and two-family dwelling units.

     (3) Individuals credited with a minimum of two years previous work experience training credit per WAC 296-401B-455(2) will qualify for a third-year training certificate in the specialty listed in WAC 296-401B-455 (1)(c) and will be considered temporarily, until ((June 30, 2002)) December 31, 2002, or twelve months after submitting application, whichever is longer, to be a specialty electrician/technician for the purpose of working within the scope of the appropriate specialty without supervision and for the purpose of supervising first and second year trainees in proper ratio.

     (4) Individuals credited with a minimum of two years previous work experience training credit per WAC 296-401B-455(2) will qualify for a third-year training certificate in the appropriate specialty, listed in WAC 296-401B-455 (1)(a), (b), (d), (e), (f), or (g) and will be considered temporarily, until ((June 30, 2002)) December 31, 2002, or twelve months after submitting application, whichever is longer, to be a specialty electrician/technician for the purpose of working within the scope of the appropriate specialty without supervision and for the purpose of supervising first and second year trainees in proper ratio.

     (5) A third-year training certificate issued per subsection (3) or (4) of this section will be revoked if the individual does not successfully complete the appropriate specialty examination before ((June 30, 2002)) December 31, 2002, or twelve months after submitting application, whichever is longer, for the appropriate specialty, listed in WAC 296-401B-455 (1)(a), (b), (c), (d), (e), (f), or (g). The individual may then apply for a second-year trainee certificate and must:

     (a) Work under the direct supervision of a certified specialty electrician or journeyman electrician;

     (b) Not supervise trainees; and

     (c) Be supervised in the correct ratio.

     (6) The department may waive the fees associated with the certificate extensions granted under this section.

[Statutory Authority: RCW 19.28.031, 19.28.551, 19.28.010, 19.28.101, 19.28.171, 19.28.191, 19.28.251, 19.28.470, 19.28.490, 67.42.050, 2000 c 238, and chapter 19.28 RCW. 01-01-097, § 296-401B-340, filed 12/15/00, effective 1/18/01.]

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