Purpose: Chapter 296-46 WAC, Safety standards--Installing electric wires and equipment--Administrative rules, amendments to chapter 296-46 WAC, Safety standards--Installing electric wires and equipment--Administrative rules, were adopted so that the department can comply with chapter 19.28 RCW. The statute requires that the department, in conjunction with the Electrical Board, adopt "reasonable rules to ensure safety to life and property." Chapter 19.28 RCW also allows the department, in conjunction with the Electrical Board, to establish fees and civil penalties so the goals and objectives of the statute can be achieved. The amendments to chapter 296-46 WAC result from stakeholder suggestions, the department's rule review mandated by Executive Order 97-02 and the electrical program's assessment of program needs. Basically, these amendments:

Increase existing fees by 4.05% rounded down to the nearest quarter of a dollar. The 4.05% figure is the maximum fiscal growth rate factor allowed by the Office of Financial Management for fiscal year 1998.

Establish new fees for new services rendered.

Establish fees for services previously performed without charge.

Increase certain existing civil penalties and establish a new one in order to strengthen the department's compliance efforts.

Add new technical content in response to customer requests or changing conditions in the industry.

Clarify existing rule sections.

WAC 296-46-100 Approval for conductors and equipment. Amendments were adopted to incorporate Electrical Policies 85-03R, "Inspection of Electrical Equipment Which is Not Listed or Labeled By an Approved Electrical Testing Laboratory," 88-03R3, "Field Assembled Control Panels" and 89-02R, "Listing of Electrical Equipment," into this section.

WAC 296-46-140 Plan review for educational, institutional or health care facilities and other buildings. Amendments were adopted to:

Clarify the primary purpose of the plan review process, which is to ensure that conductors and equipment are of adequate size and rating.

Add language clarifying that cities with local electrical inspection jurisdiction will do the plan reviews in their jurisdictions required by WAC 296-46-140.

Incorporate Electrical Policy 96-02, "Plan Review," into this section.

List the limited energy systems that are exempt from plan reviews.

Exempt from plan reviews any system alteration that consists of five or fewer branch circuits and changes the existing load by 5% or less.

WAC 296-46-155 Wiring methods for designated building occupancies. Amendments were adopted to add tables and notes that clarify when a formal plan review is required and help define the correct wiring method for classified occupancies.

WAC 296-46-21052 Receptacles in dwelling units. Amendments were adopted to:

Change the section title to more accurately reflect its content.

Remove special requirements for floor boxes because listed floor boxes for residential and light commercial applications are now readily available.

Add a reference to NEC 370-27(b).

WAC 296-46-225 Outside branch circuits and feeders. Amendments were adopted, in response to stakeholder requests, allowing single feeders to extend more than fifteen feet inside a building as long as the feeder is located in the building crawl space and outside the buildings structural elements.

WAC 296-46-23028 Service or other masts. Amendments were adopted to correct a spelling error in Revised drawing E-101. The word "sung" in "Min. 2' x 6" Between Rafters With Hole Bored For Sung Fit" has been changed to "snug."

WAC 296-46-30001 Support of raceways and cables in suspended ceilings. Amendments were adopted to allow the use of #12 ceiling support wires when the requirements listed in the section are met. Given the requirements listed in the section, #12 wire provides sufficient support.

WAC 296-46-348 Electrical metallic tubing. Amendments were adopted to incorporate Electrical Policy 86-05R, "Electrical Metallic Tubing in Existing Installations," into this section. The section now explains when existing electrical metallic tubing can be reused during an electrical service upgrade.

WAC 296-46-495 Electrical work permits and fees. Amendments were adopted to:

Clarify that electrical work permits must be paid in full before an electrical inspection can be performed.

Clarify that the department will not refund an electrical permit fee once the electrical permit has expired.

Add replacing lighting fixture ballast with an exact same ballast ("like for like") to the list of items that do not require an electrical work permit.

WAC 296-46-50002 On-site sewage disposal systems. Amendments were adopted to add this new section to chapter 296-46 WAC. This new section incorporates portions of Electrical Policy 85-07R2, "Residential Sewage Wet Well Pump/Ejectors," into chapter 296-46 WAC. Also, this new section describes when nonclassified wiring methods may be used for septic pump wiring.

WAC 296-46-770 Optical fiber cables. Amendments were adopted to change the National Electrical Code reference to reflect the current NEC section number regarding securing optical fiber cables.

WAC 296-46-910 Inspection fees. Amendments were adopted to:

Add clarifying explanatory notes to the fee tables.

Increase all existing fees in the section by 4.05% rounded down to the nearest quarter so the fees will more accurately reflect the cost of performing inspections.

Add new fees for inspecting swimming pools, hot tubs, spas and septic systems to cover the cost of performing those inspections. In the past, the department has charged these inspection fees as either extra trip fees based upon a residential permit or as an inspection based upon a feeder permit. This new language clearly identifies the fee with the service.

Add a new shipping fee to cover the cost of returning reviewed plans to those that submitted them.

Add a new "variance request" processing fee to help offset the cost of reviewing the requested variance.

Add a new refund processing fee to cover the cost of processing requests for permit refunds.

WAC 296-46-915 Electrical contractor license, administrator certificate and examination, and copy fees. Amendments were adopted to:

Increase all existing fees in the section by 4.05% rounded down to the nearest quarter.

Add a new fee to cover the cost of processing refund requests.

Clarify the fee schedule by adding administrator examination fees. In the past, the department has charged these fees but had overlooked adding them to the fee schedule.

WAC 296-46-920 Civil penalty. Amendments were adopted to:

Increase certain civil penalties to further encourage compliance with chapter 19.28 RCW, chapters 296-46 and 296-401A WAC.

Add a new civil penalty that applies to an electrical administrator who fails to fulfill the duties of an administrator. This new penalty serves notice to electrical administrators that there are duties, prescribed by law, that must be fulfilled.

WAC 296-46-930 Electrical contractor license and administrator certificate designation. Amendments were adopted to create a new specialty electrical contractor license and new electrical administrator certificate for nonresidential lighting maintenance and lighting retrofit. This new specialty license was created as a result of stakeholder requests.

WAC 296-46-940 Electrical contractor license. Amendments were adopted to incorporate Electrical Policy 96-04, "Policy for Manufacturers Performing Work on their Manufactured Field Products" and Electrical Policy 90-02R, "Definition of 'Maintenance' as used in chapter 19.28 RCW, chapters 296-46 and 296-401 WAC," into this section.

Chapter 296-401 WAC, Certification of competency for journeyman electricians, amendments to chapter 296-401 WAC, Certification of competency for journeyman electricians, were adopted to comply with the Administrative Procedure Act. (See RCW 34.05.220(5).) Consequently, clear rule-writing techniques were used to rewrite the entire chapter. Following the recommendation of the Office of Code Reviser, chapter 296-401 WAC was repealed in its entirety and replaced with chapter 296-401A WAC.

The content of WAC 296-401-020 Electricians with licenses or practicing the electrical trade at effective date of the act and WAC 296-401-110 Previous experience credit, was not carried forward to chapter 296-401A WAC because the time period in each section had expired.

Chapter 296-401A WAC, Certification of competency for journeyman electricians, clear rule-writing amendments to chapter 296-401A WAC, Certification of competency for journeyman electricians, were adopted to:

Move current chapter 296-401 WAC requirements into new chapter 296-401A WAC sections.

Write all sections in a clear rule-writing style.

Remove outdated and redundant language to make the chapter easier to read.

Remove gender specific language.

Include questions in section headings to better describe the information contained in each section and to more effectively engage the reader's interest.

Use a less formal voice in the chapter and eliminate the passive voice when possible.

Reorganize some sections to make them easier to understand and use.

The following sections of chapter 296-401A WAC, Certification of competency for journeyman electricians, were written in a clear rule-writing style without any substantive change to their content:

WAC 296-401A-100 Who can work in the electrical construction trade?

WAC 296-401A-105 How do I obtain an original journeyman or specialty electrician certificate of competency?

WAC 296-401A-110 How do I renew my journeyman or specialty electrician certificate of competency?

WAC 296-401A-120 May I renew my certificate of competency after the expiration date without reexamination?

WAC 296-401A-130 Can I renew my certificate of competency if I have less than the required hours of continuing education per year of my prior certification period?

WAC 296-401A-150 Do I need a certificate of competency if I'm a lineman?

WAC 296-401A-160 Can my certificate of competency be revoked?

WAC 296-401A-210 How do I qualify to take the specialty electrician competency examination?

WAC 296-401A-230 Can I use my journeyman experience in another country to qualify for the competency examination?

WAC 296-401A-300 What will be included in the examination for journeyman electrician certificates of competency?

WAC 296-401A-310 What will be included in the examination for specialty electrician certificates of competency?

WAC 296-401A-320 What do I do if I fail a competency examination?

WAC 296-401A-400 Can I work as an electrician in Washington if I'm certified in another state?

WAC 296-401A-410 What are reciprocal agreements and how are they used?

WAC 296-401A-420 How do I qualify for a reciprocal electrician's certificate?

WAC 296-401A-430 Who is not eligible for a reciprocal electrician's certificate?

WAC 296-401A-510 How are training employment hours computed?

WAC 296-401A-520 Am I qualified for a higher level of training certificate?

WAC 296-401A-530 Can I work as a trainee without supervision?

WAC 296-401A-540 Who will not be issued training certificates?

WAC 296-401A-545 Does the department audit my trainee hours?

WAC 296-401A-550 What may happen if a person makes a false statement on an application or annual statement of hours worked?

WAC 296-401A-600 How are decisions to approve continuing education courses made?

WAC 296-401A-610 What happens after the subcommittee approves or disapproves my application for continuing education course approval?

WAC 296-401A-620 What information must a continuing education sponsor provide to have a continuing education course approved?

WAC 296-401A-630 How is completion of the training course documented?

WAC 296-401A-800 How do compliance officers and electrical inspectors determine compliance at a job site?

WAC 296-401A-810 What happens if an employer or employee is not complying with the electrician certification laws at the time of inspection?

WAC 296-401A-900 Can I request a hearing or appeal a decision of the department?

WAC 296-401A-910 What is the difference between a formal and informal appeal?

WAC 296-401A-920 How do I request an informal hearing?

WAC 296-401A-930 How do I request a formal hearing?

WAC 296-401A-935 What happens to my formal hearing deposit?

The following sections of chapter 296-401A WAC, Certification of competency for journeyman electricians, were written in a clear rule-writing style with substantive changes to their content. The specific sections and the reasons for the amendments are discussed below.

WAC 296-401A-140 Can I obtain a certificate of competency for an electrical specialty? Amendments were adopted, in response to industry requests, to create a new specialty certificate for nonresidential lighting maintenance and lighting retrofit technician.

WAC 296-401A-200 How do I qualify to take the journeyman electrician's competency examination? Amendments were adopted to change section language in subsections (1) and (2) to be compatible with the language in RCW 19.28.530 (1)(c).

WAC 296-401A-220 Can I use my U.S. military service experience to qualify for the journeyman or specialty electrician competency examination? Amendments were adopted to change section language to mirror language in RCW 19.28.530 (1)(c).

WAC 296-401A-500 How do I document my training hours to renew my training certificates? Amendments were adopted to insure that trainees fulfill their obligation to furnish proof of journeyman supervision to the department. Journeyman supervision is a key element in qualifying to take the journeyman or specialty examination and it is imperative that a trainee provide the department with proof that verifies this experience.

WAC 296-401A-524 Can I receive credit for electrical work experience which is exempt from the certification requirements in RCW 19.28.610 Exemptions from RCW 19.28.510 through 19.28.620? Amendments were adopted to:

Explain the type of verification needed by the department to credit trainee hours for exempt people.

Explain that, even though the industry is exempt, the department will require trainee cards to enable it to track and credit trainee hours.

WAC 296-401A-700 How much do I pay for a journeyman, specialty, or training certificate, competency examination, or reciprocity? Amendments were adopted to:

Increase all existing fees by 4.05% rounded down to the nearest quarter.

Add a new fee to cover the cost of entering new information into the department's database. This information will be used to track trainee hours and continuing education credits and to issue renewal letters.

.

Citation of Existing Rules Affected by this Order: Amending WAC 296-46-100 Approval for conductors and equipment, 296-46-140 Plan review for educational, institutional or health care facilities and other buildings, 296-46-155 Wiring methods for designated building occupancies, 296-46-21052 Receptacles in dwelling units, 296-46-225 Outside branch circuits and feeders, 296-46-23028 Service or other masts, 296-46-30001 Support of raceways and cables in suspended ceilings, 296-46-348 Electrical metallic tubing, 296-46-495 Electrical work permits and fees, 296-46-770 Optical fiber cables, 296-46-910 Inspection fees, 296-46-915 Electrical contractor license, administrator certificate and examination, and copy fees, 296-46-920 Civil penalty, 296-46-930 Electrical contractor license and administrator certificate designation and 296-46-940 Electrical contractor license; and repealing WAC 296-401-020 Electricians with licenses or practicing the electrical trade at effective date of the act, 296-401-030 Issuing of temporary permits, 296-401-060 Specialty certificates, 296-401-075 Electrical linemens exemption, 296-401-080 Eligibility for journeyman examination, 296-401-085 Eligibility for specialty examination, 296-401-087 Partial credit for experience, 296-401-090 Status of person who has failed an examination for an electrician certificate of competency, 296-401-100 Computation of years of employment--Renewal of training certificates, 296-401-110 Previous experience credit, 296-401-120 Electrical training certificates, 296-401-150 Penalties for false statements or material misrepresentation, 296-401-160 Enforcement, 296-401-163 Continuing education classes, 296-401-165 Issuing and renewing an electrician certificate of competency, 296-401-168 Reciprocal electrician certificates, 296-401-170 Hearing or appeal procedures, 296-401-175 Journeyman, specialty and trainee certificate, and examination fees, and 296-401-180 Examination subjects for specialty and journeyman certificates of competency.

Statutory Authority for Adoption: Chapter 19.28 RCW.

Adopted under notice filed as WSR 98-07-097 on March 18, 1998.

Changes Other than Editing from Proposed to Adopted Version: As a result of written and oral comments received, the following sections are being amended:

WAC 296-46-100 Approval for conductors and equipment, to clarify the intent and application of the last sentence of paragraph two, the department has added the phrase "on a case-by-case basis consistent with WAC 296-46-670."

WAC 296-46-140 Plan review for educational, institutional or health care facilities and other buildings, to eliminate redundant language, the department has deleted the first sentence in subsection (5). The first sentence of WAC 296-46-140(1) is essentially the same language.

WAC 296-46-155 Wiring methods for designated building occupancies, the department has corrected an error in Table 1. For "Birth center or childbirth center," under Plan Review, the table should read "no," not "yes."

WAC 296-46-23028 Service or other masts, the department has corrected an error "Revised Drawing E-102." The reference for "Flashing" on the drawing should be "(per detail on E-101)," not "(per detail on SM-1)."

WAC 296-46-50002 On-site sewage disposal systems, for purposes of clarity, the phrase "and shall remain accessible" has been added to the end of the sentence in WAC 296-46-50002 (1)(e).

WAC 296-46-910 Inspection fees.

For clarity, the word "multifamily" has been inserted in WAC 296-46-910 (1)(b). The phrase will now read: "Multifamily residential and miscellaneous multifamily residential structures, services and feeders (new construction)."

A comma has been inserted after the words "modular homes" in WAC 296-46-910 (1)(e).

In order to be consistent with the subsection heading and content, the word "temporary" has replaced the word "outdoor" in WAC 296-46-910 (3)(c) and the accompanying note.

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

For clarity, the word "retrofit" has been added to the first sentence of WAC 296-46-930 (2)(f)(ii), Nonresidential lighting maintenance and lighting retrofit (07A). The sentence now reads: Limited to working within the housing of existing nonresidential lighting fixtures for work related to repair, service, maintenance of lighting fixtures and installation of energy efficiency lighting retrofit upgrades.

To clarify the intent and application of WAC 296-46-930 (2)(f)(ii), the second sentence of paragraph two has been deleted and replaced with the following: This specialty contractor must adhere to the ratio requirements for trainee supervision in RCW 19.28.510 for specialty electricians to trainees. A specialty lighting maintenance and retrofit technician is allowed to supervise a maximum of two trainees on the same job site. A contractor must obtain an electrical permit and request inspection for all retrofit installations. This contractor must have a documented electrical lighting maintenance safety training program for all employees working under this specialty contractor license.

WAC 296-401A-100 Who can work in the electrical construction trade? For clarity, the department has added the phrase "and are learning the trade under the supervision of a certified journeyman" at the end of WAC 296-401A-100(4).

WAC 296-401A-110 How do I renew my journeyman or specialty electrician certificate of competency? For clarity, the department has deleted, in WAC 296-401A-110(2), the phrase "each year during the prior certification period" and replaced it with "required for each year of your prior certification period."

WAC 296-401A-140 Can I obtain a certificate of competency for an electrical specialty? For clarity, the department added to the first sentence of the second paragraph in WAC 296-401A-120(8) the phrase "you performed electrical lighting maintenance and lighting retrofit installations and." The sentence will now read: To qualify for this certificate on or before June 30, 1999, you must provide proof to the department that you performed electrical lighting maintenance and lighting retrofit installations and you were employed for a minimum of two years by a contractor engaged full-time in the business of nonresidential lighting maintenance and lighting retrofit work.

WAC 296-401A-500 How do I document my training hours to renew my training certificate? To enhance compliance with WAC 296-401A-500, the department has deleted the phrase "the names of each journeyman or specialty electrician who supervised your work" from subsection (1).

WAC 296-401A-910 What is the difference between a formal and an informal appeal? For clarity, the department has amended the table in WAC 296-401A-910. Under "formal hearing results," the word "Decision" has been deleted and replaced with the phrase "Proposed Decision and Order, subject to final acceptance or rejection by the Electrical Board." In addition to the above amendments, the question format used as section headings in the proposed rule has been replaced with a traditional section heading format in the adopted rule. The traditional format is preferred by the industry.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 40, amended 15, repealed 19.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 40, amended 15, repealed 19.

Effective Date of Rule: June 30, 1998.

May 27, 1998

Gary Moore

Director

NEW SECTION

WAC 296-46-100  Approval for conductors and equipment. In order to meet the minimum electrical safety standards for installations, all materials, devices, appliances, and equipment, not exempted in RCW 19.28.010, shall conform to applicable standards recognized by the department or be listed by an electrical products testing laboratory accredited by the department. Listed materials and equipment must be used in electrical installations when a recognized published electrical product safety standard exists to test the materials and equipment, and when two or more manufacturers have products that are listed and labeled in that product category.

Custom built machinery and equipment will not be required to be listed by an accredited products testing laboratory. However, the department will require such unlisted equipment to be field evaluated and approved for safety by a firm recognized by the department to perform the evaluation using acceptable standards. Department electrical inspectors may also inspect and approve industrial control panels and utilization equipment for compliance with codes, rules, and standards recognized by the department, on a case-by-case basis consistent with WAC 296-46-670.

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

WAC 296-46-140  Plan review for educational, institutional or health care facilities and other buildings. (1) Plan review is a part of the electrical inspection process; its primary purpose is to determine that loads are calculated per the proper NEC or WAC article or section and that conductors and equipment are adequately sized and rated to the calculated load. All electrical plans for new or altered electrical installations in educational, institutional, and health or personal care occupancies classified or defined in WAC 296-46-130 shall be reviewed and approved by the department before the electrical installation or alteration is begun. Plans for these electrical installations within cities that perform electrical inspections within their jurisdiction, and provide an electrical plan review program that equals or exceeds the department's program in plans examiner minimum qualifications per RCW 19.28.070, ((policies and procedures, may)) shall be submitted to that city for review rather than to the department, unless the agency licensing or regulating the installation specifically requires review by the department. Approved plans shall be available on the job site for use during the electrical installation or alteration and for use by the electrical inspector. Refer plans for department review to the Electrical Inspection Section, Department of Labor and Industries, P.O. Box 44460, Olympia, Washington 98504-4460. Please refer to WAC 296-46-910 for required fees for plan review.

(2) Plans to be reviewed by the department must be legible, identify the name and classification of the facility, clearly indicate the scope and nature of the installation and the person or firm responsible for the electrical plans. The plans shall clearly show the electrical installation or alteration in floor plan view, include switchboard and/or panelboard schedules and when a service or feeder is to be installed or altered, shall include a riser diagram, load calculation, fault current calculation and interrupting rating of equipment. Where existing electrical systems are to supply additional loads, the plans shall include documentation that proves adequate capacity and ratings.

(3) Plan review for new or altered electrical installations of other types of construction may be voluntarily requested by the owner or other interested parties.

(4) For existing structures where additions or alterations to feeders and services are proposed, NEC Article 220 shall govern, except that, in addition to the provisions of Paragraph 220-35 (1) Exception, the following is required:

(a) The date of the measurements.

(b) A diagram of the electrical system identifying the point(s) of measurement.

(c) Building demand measured continuously on the highest-loaded phase of the feeder or service over a thirty-day period, with demand peak clearly identified. (Peak demand shall be defined as the maximum average demand over a fifteen-minute interval.)

(5) Due to their minimal load requirements, plan review of the following limited energy systems will not be required: Fire alarm, nurse call, intrusion or security alarm, intercom, public address, music, energy management, programmed clock, data, cable television, or telephone.

(6) When a service or feeder is affected five percent or less by the addition or alteration of five or less branch circuits, plan review may be requested from the local inspection office. Permission for such small project plan review shall be granted at the discretion of the electrical inspection field supervisor, the plans examiner supervisor, or the chief electrical inspector.

[Statutory Authority: RCW 19.28.060, [19.28.]210(6), [19.28.]350 and [19.28.]600. 97-12-016, § 296-46-140, 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, § 296-46-140, filed 3/2/93, effective 4/2/93; 90-19-015, § 296-46-140, filed 9/10/90, effective 10/11/90. Statutory Authority: RCW 19.28.060, 19.28.600 and chapter 19.28 RCW. 87-10-030 (Order 87-07), § 296-46-140, filed 5/1/87. Statutory Authority: RCW 19.28.010 and 19.28.060. 84-15-051 (Order 84-10), § 296-46-140, filed 7/17/84. Statutory Authority: RCW 19.28.060. 81-06-037 (Order 81-5), § 296-46-140, filed 2/27/81, effective 4/1/81; 78-02-098 (Order 77-31), § 296-46-140, filed 1/31/78; Order 74-43, § 296-46-140, filed 12/19/74; Order 72-7, § 296-46-140, filed 6/7/72; Order 69-2, § 296-46-140, filed 2/28/69, effective 4/1/69.]

NEW SECTION

WAC 296-46-155  Wiring methods for designated building occupancies. Wiring methods, equipment and devices for health or personal care, educational and institutional facilities as defined or classified in WAC 296-46-130 and for places of assembly for one hundred or more persons shall comply with Tables 1 and 2 and the notes thereto. For determining the occupant load of places of assembly, the methods of the currently adopted edition of the Uniform Building Code shall be used.

Table 1

Health or Personal Care Facilities

Electrical System - Wiring Methods

Educational and Institutional Facilities,

Places of Assembly or other facilities

Electrical System - Wiring Methods

(((14))) (15) In case of continued, repeated or gross violation of the provisions of chapter 19.28 RCW, chapter 296-46 or 296-401 WAC or if property damage or bodily injury occurs as a result of the failure of a person, firm, partnership, corporation, or other entity to comply with chapter 19.28 RCW, the department may double the penalty amounts shown in subsections (1) through (((12))) (13) of this section.

[Statutory Authority: RCW 19.28.060, [19.28.]210(6), [19.28.]350 and [19.28.]600. 97-12-016, § 296-46-920, filed 5/28/97, effective 6/30/97. Statutory Authority: RCW 19.28.060, 19.28.600 and chapter 19.28 RCW. 87-10-030 (Order 87-07), § 296-46-920, filed 5/1/87; 86-18-041 (Order 86-23), § 296-46-920, filed 8/29/86.]

AMENDATORY SECTION (Amending WSR 97-24-033, filed 11/25/97, effective 12/29/97)

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.

(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)) This specialty includes the installation of fire protection signaling systems, intrusion alarms, nonutility owned communications systems, and such similar low energy circuits and equipment.

(f)(i) 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.

(ii) Nonresidential lighting maintenance and lighting retrofit (07A): Limited to working within the housing of existing nonresidential lighting fixtures for work related to repair, service, maintenance of lighting fixtures and installation of energy efficiency lighting retrofit upgrades. This specialty includes replacement of lamps, ballasts, sockets and the installation of listed lighting retrofit reflectors and kits. All work is limited to the fixture body, except remote located ballasts may be replaced or retrofitted with approved products. This specialty does not include installing new fixtures or branch circuits; moving or relocating existing fixtures; or altering existing branch circuits.

This specialty contractor must employ an administrator who holds a nonresidential lighting maintenance and lighting retrofit administrator certificate; or a nonresidential maintenance administrator; or a general administrator. This specialty contractor must adhere to the ratio requirements for trainee supervision in RCW 19.28.510 for specialty electricians to trainees. A specialty lighting maintenance and retrofit specialty technician is allowed to supervise a maximum of two trainees on the same job site. A contractor must obtain an electrical permit and request inspection for all retrofit installations.

The contractor must have a documented electrical lighting maintenance safety training program for all employees working under this specialty contractor license.

(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: Chapter 19.28 RCW. 97-24-033, § 296-46-930, filed 11/25/97, effective 12/29/97. 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 296-46-940  Electrical contractor license. (1) The department shall issue an electrical contractor license to a person, firm, partnership, corporation or other entity that complies with RCW 19.28.120 which shall expire twenty-four months following the date of issue. The department may issue an electrical contractor license for a period greater or less than twenty-four months for the purpose of equalizing the number of electrical contractor licenses which expire each month. The department shall prorate the electrical contractor license fee according to the number of months in the license period. All subsequent licenses shall be issued for a twenty-four month period.

(2) Cash or securities deposit release. A cash or security deposit which has been filed with the department in lieu of a surety bond, shall not be released until one year after the date the electrical contractor notifies the department in writing, that the person, firm, partnership, corporation, or other entity who (which) has been issued the electrical contractor license, has ceased to do business in the state of Washington.

(3) Manufacturers of electrical products shall be allowed to utilize their factory-trained personnel to perform initial calibration, testing, adjustment, modification incidental to the startup and check out of the equipment, or replacement of components within the confines of the specific product, without permit or required licensing, provided: The product has not been previously energized and/or is within the manufacturer's warranty. Modifications, as designated above, shall not include changes to the original intended configuration nor changes or contact with externally field-connected components. The manufacturers will be responsible for obtaining any required reapproval/recertification from the original listing agent.

[Statutory Authority: RCW 19.28.060, 19.28.600 and chapter 19.28 RCW. 86-18-041 (Order 86-23), § 296-46-940, filed 8/29/86.]

REPEALER

The following chapter of the Washington Administrative Code is repealed:

WAC 296-401-020 Electricians with licenses or practicing the electrical trade at effective date of the act.

WAC 296-401-030 Issuing of temporary permits.

WAC 296-401-060 Specialty certificates.

WAC 296-401-075 Electrical linemens exemption.

WAC 296-401-080 Eligibility for journeyman examination.

WAC 296-401-085 Eligibility for specialty examination.

WAC 296-401-087 Partial credit for experience.

WAC 296-401-090 Status of person who has failed an examination for an electrician certificate of competency.

WAC 296-401-100 Computation of years of employment--Renewal of training certificates.

WAC 296-401-110 Previous experience credit.

WAC 296-401-120 Electrical training certificates.

WAC 296-401-150 Penalties for false statements or material misrepresentation.

WAC 296-401-160 Enforcement.

WAC 296-401-163 Continuing education classes.

WAC 296-401-165 Issuing and renewing an electrician certificate of competency.

WAC 296-401-168 Reciprocal electrician certificates.

WAC 296-401-170 Hearing or appeal procedure.

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

WAC 296-401-180 Examination subjects for specialty and journeyman certificates of competency.

Chapter 296-401A WAC

CERTIFICATION OF COMPETENCY FOR JOURNEYMAN ELECTRICIANS

JOURNEYMAN AND SPECIALTY ELECTRICIANS CERTIFICATES

NEW SECTION

WAC 296-401A-100  Certificate of competency required. Who can work in the electrical construction trade?

Those who can work in the electrical construction trade are persons who:

(1) Possess a current journeyman electrician certificate of competency issued by the department; or

(2) Possess a current specialty electrician certificate of competency issued by the department; or

(3) Possess a valid temporary permit; or

(4) Possess a current electrical trainee certificate and are enrolled in an electrician's apprenticeship program approved under chapter 49.04 RCW, and are learning the trade under the supervision of a certified journeyman; or

(5) Possess a current electrical trainee certificate and are learning the trade under the supervision of a certified journeyman electrician or certified specialty electrician working in their specialty.

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NEW SECTION

WAC 296-401A-105  Original journeyman and specialty electrician certificates of competency. How do I obtain an original journeyman or specialty electrician certificate of competency?

(1) The department of labor and industries will issue an original electrician certificate of competency to journeyman or specialty electricians who:

(a) Meet the eligibility requirements listed in RCW 19.28.530, Certificate of competency--Eligibility for examination--Rules; and

(b) Successfully pass a certification examination required by RCW 19.28.540, Examination--Contents--Times--Fees--Certification of results; and

(c) Pay the original certificate fee listed in WAC 296-401A-700.

(2) Your initial electrician certificate of competency will expire on your 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 will prorate the certificate fee according to the number of months or major part of a month in a certificate period.

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NEW SECTION

WAC 296-401A-110  Renewal of journeyman or specialty electrician certificates of competency. How do I renew my journeyman or specialty electrician certificate of competency?

(1) You must apply for renewal of your journeyman or specialty electrician certificate of competency before the expiration date on your certificate. Renewed certificates are valid for three years.

(2) Beginning April 30, 1997, you must pay the renewal fee listed in WAC 296-401A-700, and provide evidence to the department that you have completed at least eight hours of approved continuing education required for each year of your prior certification period. Any portion of a year is equal to one year for continuing education requirements.

(3) When renewing your certificate, you will not be given credit for the exact same continuing education course taken more than once in the three years prior to your renewal date.

(4) If you are applying to renew a certificate that covered a period of two years or more, you must complete an approved continuing education class, of at least eight hours duration, on the latest National Electric Code changes.

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NEW SECTION

WAC 296-401A-120  Late renewal of journeyman and specialty electrician certificates of competency. May I renew my certificate of competency after the expiration date without reexamination?

(1) You may renew your electrician certificate within ninety days after the expiration date without reexamination if you pay the late renewal fee listed in WAC 296-401A-700 and provide evidence to the department that you have completed at least eight hours of continuing education each year during the prior certification period.

(2) All applications for renewal received more than ninety days after the expiration date of the certificate require that you pass a competency examination before being recertified.

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NEW SECTION

WAC 296-401A-130  Inactive status. Can I renew my certificate of competency if I have less than the required hours of continuing education per year of my prior certification period?

If you have not completed the required hours of continuing education, you may apply for renewal before your certificate expires and pay the appropriate renewal fee listed in WAC 296-401A-700. Your renewal certificate will be placed in an inactive status. When your certificate of competency is placed in inactive status, you cannot work as a journeyman or specialty electrician in the electrical construction trade until you provide evidence that you have completed the required hours of continuing education.

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NEW SECTION

WAC 296-401A-140  Electrical specialties. Can I obtain a certificate of competency for an electrical specialty?

The department issues specialty electricians' certificates of competency in the following areas of electrical work:

(1) Residential certificate (02): This certificate limits you to wiring one-family and two-family dwellings, or multi-family dwellings that do not exceed three floors above grade. All residential wiring, except service and feeder wiring, must be nonmetallic sheathed cable. This certificate does not allow you to wire commercial occupancies such as motels, hotels, offices or stores.

(2) Pump and irrigation certificate (03): This certificate limits you to wiring the electrical connection of domestic water pumps, irrigation pumps, circular irrigating systems and related pumps and pump houses. With this certificate, you may also install the circuits, feeders, controls and services necessary to supply electricity to the pumps.

(3) Domestic well specialty electrical technician certificate (03A): This certificate limits you to the installation of materials, wires and equipment providing electrical power, control and operation of domestic water pumping systems. In addition, you are limited to the extension of a branch circuit (which has been 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.

Prior to December 1, 1998, you will be eligible to take the domestic well specialty electrician's competency examination if you provide the department with notarized verification of at least four years prior experience installing domestic water systems, including pump installations, under the supervision of a firm engaged in the business of installing domestic water systems.

After December 1, 1998, you will be eligible to take the domestic well specialty electrician's competency examination only if you provide the department with notarized verification of two years experience installing domestic pump systems working under the direct supervision of a domestic well specialty technician, a pump and irrigation specialty electrician or a journeyman electrician.

Certification of domestic well specialty electrical technicians shall be according to the provisions of WAC 296-401A-105 (original certification) and WAC 296-401A-110 (renewal of certification).

(4) Signs and outline lighting certificate (04): This certificate limits you to placing signs and outline lighting and connecting them to their electrical supply, controls and related circuit extensions. You are further limited to the installation of a maximum 60 ampere, 120/240 volt, single phase service supplying power to a remote sign.

(5) Domestic appliance certificate (05): This certificate limits you to electrically connecting and wiring domestic appliances such as hot water heaters, ranges, dishwashers, clothes dryers, oil and gas furnaces and similar appliances. You may also install the circuits to those domestic appliances. However, you may not install service or feeder wires or circuits to electrical furnaces and heat pump equipment.

(6) Limited energy system certificate (06): This certificate limits you to installing signaling circuits, power limited circuits and related equipment. Examples of such equipment would be fire protection signaling systems, intrusion alarms, nonutility owned communication systems and similar low energy circuits and equipment.

(7) Nonresidential maintenance certificate (07): This certificate limits you to maintaining, repairing and replacing electrical equipment and conductors on industrial or commercial premises. You may not conduct maintenance activities in hotels, motels or dwelling units.

(8) Nonresidential lighting maintenance and lighting retrofit technician (07A): This certificate limits you to working within the housing of existing nonresidential lighting fixtures and limits you to work related to repair, service, maintenance of lighting fixtures and the installation of energy efficiency upgrades. Your work may include the replacement of lamps, ballasts, sockets and the installation of listed lighting retrofit reflectors and kits. Your work must be limited to the fixture body, however, you may replace or retrofit remote located ballasts with approved products. You may not install new fixtures or branch circuits, move or relocate existing fixtures, or alter existing branch circuits.

To qualify for this certificate on or before June 30, 1999, you must provide proof to the department that you performed electrical kighting maintenance and lighting retrofit installations and you were employed for a minimum of two years by a contractor engaged full-time in the business of nonresidential lighting maintenance and lighting retrofit work. After June 30, 1999, all applicants for this certificate must have a minimum of two years full-time experience under the direct supervision of a nonresidential lighting maintenance and retrofit technician; or a nonresidential maintenance specialty electrician; or a journeyman electrician.

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Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 296-401A-150  Linemen. Do I need a certificate of competency if I'm a lineman?

(1) Electrical linemen employed by a serving electrical utility or employed by a licensed electrical contractor while performing work found in WAC 296-46-935, do not need certificates of competency.

(2) You are eligible for the above lineman's exemption if you carry evidence on your person that you:

(a) Have graduated from a department of labor and industries approved lineman's apprenticeship course; or

(b) Are currently registered in a department of labor and industries approved lineman's apprenticeship course and are working under the direct supervision of a journeyman electrician or a graduate of a lineman's apprenticeship course approved by the department.

(3) The training you received in the lineman's apprenticeship courses must include training in applicable articles of the currently adopted edition of the National Electrical Code as determined by the department.

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NEW SECTION

WAC 296-401A-160  Revocation of certificate of competency. Can my certificate of competency be revoked?

(1) The department may revoke any certificate of competency if:

(a) The certificate was obtained through error or fraud; or

(b) The certificate holder is judged to be incompetent to work in the electrical construction trade as a journeyman electrician or specialty electrician; or

(c) The holder has violated any of the provisions of RCW 19.28.510 through 19.28.620 or any rule adopted under chapter 19.28 RCW.

(2) Before any certificate of competency is revoked, you will be given written notice of the department's intention to do so. Notification will be sent by registered mail to your last known address.

The notification will list the allegations against you, and give you the opportunity to request a hearing before the electrical board. The board will conduct the hearing in accordance with chapter 34.05 RCW, The Administrative Procedure Act. At the hearing you may produce witnesses and give testimony. The board will render its decision based upon the testimony and evidence presented in the hearing, and will notify you immediately upon reaching its decision.

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QUALIFYING FOR JOURNEYMAN AND SPECIALTY ELECTRICIAN EXAMS

NEW SECTION

WAC 296-401A-200  Qualifying for the journeyman electrician competency examination. How do I qualify to take the journeyman electrician competency examination?

You may take the journeyman electrician competency examination if you held a current electrical training certificate while you have:

(1) Been employed, in the electrical construction trade, under the direct supervision of a journeyman electrician for four years (8,000 hours) of which two years must be in industrial or commercial electrical installation and not more than a total of two years in all specialties; or

(2) 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; or

(3) Have two years of schooling under the conditions listed in RCW 19.28.530, Certificate of competency--Eligibility for examination--Rules, and two years of work experience in industrial or commercial electrical installations under the direct supervision of a journeyman electrician.

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NEW SECTION

WAC 296-401A-210  Qualifying the specialty electrician competency examination. How do I qualify to take the specialty electrician competency examination?

You may take the specialty electrician competency examination if you held a current electrical training certificate while you have:

(1) Been employed under the direct supervision of a journeyman electrician or an appropriate specialty electrician for a minimum of two years (4,000 hours); or

(2) Completed a two-year apprenticeship program in the electrical construction trade that is registered with the state apprenticeship council or the Federal Bureau of Apprenticeship and Training in the appropriate specialty.

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NEW SECTION

WAC 296-401A-220  U.S. military experience. Can I use my U.S. military service experience to qualify for the journeyman or specialty electrician competency examination?

(1) Anyone who has worked a minimum of four years in the electrical construction trade while serving in the Armed Forces of the United States may be eligible to take the examination for the certificate of competency as a journeyman electrician.

(2) If you have two or more years training or experience in a specialized electrical field in the Armed Forces of the United States that is similar to, but not identical to, a specialty electrician category listed in WAC 296-401A-140 you will be eligible for one year credit toward a specialty certificate. You must also work one additional nonmilitary year in the appropriate specialty under the direct supervision of a journeyman or specialty electrician to qualify for the specialty electrician's competency examination.

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NEW SECTION

WAC 296-401A-230  Experience in another country. Can I use my journeyman experience in another country to qualify for the competency examination?

(1) If you have a journeyman electrician certificate from a country outside of the United States that requires at least four years of training, you will be eligible for two years credit toward a journeyman certificate.

(2) You must also take two additional years training in the United States under the direct supervision of a journeyman electrician to qualify for the journeyman's competency examination.

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JOURNEYMAN AND SPECIALTY ELECTRICIAN EXAM CONTENTS

NEW SECTION

WAC 296-401A-300  Subjects included in the journeyman electrician competency examinations. What will be included in the examination for journeyman electrician certificates of competency?

The following subjects are among those that may be included in the examination for a certificate of competency. The list is not exclusive, and the examination may also contain subjects not on the list.

For journeyman electricians:

AC - Generator; three-phase; meters; characteristics of; power in AC circuits (power factor); mathematics of AC circuits.

Air conditioning - Basic.

Blueprints - Surveys and plot plans; floor plans; service and feeders; electrical symbols; elevation views; plan views.

Building wire - Sizes.

Cable trays.

Calculations.

Capacitive reactance.

Capacitor - Types; in series and parallel.

Circuits - Series; parallel; combination; basic; branch; outside branch circuits; calculations.

Conductor - Voltage drop (line loss); grounded.

Conduit - Wiring methods.

DC - Generator; motors; construction of motors; meters.

Definitions.

Electrical units.

Electron theory.

Fastening devices.

Fire alarms - Introduction to; initiating circuits.

Fuses.

Generation - Principles of.

Grounding.

Incandescent lights.

Inductance - Introduction to; reactance.

Insulation - Of wire.

Mathematics - Square root; vectors; figuring percentages.

Motors - Motors vs. generators/CEMF; single phase; capacitor; repulsion; shaded pole; basic principles of AC motors.

Ohms Law.

Power.

Power factor - AC circuits; correction of; problems.

Rectifiers.

Resistance - Of wire.

Rigging.

Safety - Electrical shock.

Services.

Three-wire system.

Tools.

Transformers - Principles of; types; single phase; three-phase connections.

Voltage polarity across a load.

Wiring methods - Conduit; general.

Wiring systems - Less than 600 volts; 480/277 volts; three-phase delta or wye; distribution systems over 600 volts.

Note: Journeyman electrician examinations may also include the subjects listed below for specialty electrician examinations.

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NEW SECTION

WAC 296-401A-310  Subjects included in the specialty electrician competency examination. What will be included in the examination for specialty electrician certificates of competency?

The following subjects are among those that may be included in the examination for a certificate of competency. The list is not exclusive, and the examination may also contain subjects not on the list.

For specialty electricians:

AC - Meters.

Appliance circuits or controls.

Blueprints - Floor plans; service and feeders.

Cables - Wiring methods.

Calculations.

Circuits - Series; parallel; combination; basic; outside branch.

Conductor - Voltage drop (line loss); grounded; aluminum or copper.

Conduit - Wiring methods.

Electrical signs, circuits, controls, or services.

Electrical units.

First aid.

Fuses.

General lighting.

Grounding of conductors.

Insulation of wire.

Ladder safety.

Limited energy circuits or systems.

Maintenance of electrical systems.

Mathematics - Figuring percentage.

Motor circuits, controls, feeders, or services.

Ohm's Law.

Overcurrent protection.

Resistance of wire.

Services.

Sizes of building wire.

Three-wire system.

Tools.

Transformer - Ratios; single-phase.

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NEW SECTION

WAC 296-401A-320  Failure of a competency examination. What do I do if I fail a competency examination?

(1) Anyone failing a competency examination may retake the examination by paying the retesting fee listed in WAC 296-401A-700.

(2) Trainees may continue to work in the electrical trade if they have a valid electrical training certificate and work under the direct supervision of a certified journeyman or specialty electrician.

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TEMPORARY PERMITS

NEW SECTION

WAC 296-401A-400  Qualifying for a temporary permit to work in Washington when certified in another state. Can I work as an electrician in Washington if I'm certified in another state?

(1) If you are certified in another state, the department can issue you one temporary permit in lieu of a certificate of competency if you are coming into Washington state to work in the electrical construction trade. Your temporary permit allows you to work as an electrician during the period of time between filing an application to take the next certification examination and the date you receive your examination results.

(2) To qualify for a temporary permit you must:

(a) Meet the eligibility requirements of RCW 19.28.530 (Certificate of Competency--Eligibility for examination--Rules); and

(b) Be currently certified by a governing authority from another state, city, town or other certifying authority; and

(c) File an application to take the next certification examination.

(3) If you do not take the competency examination, your temporary permit will expire on the date listed on your permit.

(4) If you fail the examination, the department will issue you a second final temporary permit only if you enroll in an approved journeyman electrician refresher course and provide the department with evidence that you have not missed any classes. (The life of this second temporary permit cannot exceed ninety days.) Upon completion of the refresher course, you are eligible to retake the competency examination at the next scheduled time.

(5) If you fail the examination after completing an approved journeyman electrician refresher course, your temporary permit is invalid. Therefore, to continue to work in the electrical trade, you must apply for and receive a training certificate and work under the direct supervision of either a certified journeyman or a specialty electrician working in their specialty.

(6) You will not be issued a temporary permit if you:

(a) Failed the examination on your first attempt and did not enroll in an approved journeyman electrician refresher course; or

(b) Did not furnish the department with the evidence required under RCW 19.28.520 when you applied to take the examination; or

(c) Are an apprentice electrician.

(7) You will be issued a certificate of competency only if you pass the competency examination.

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RECIPROCAL AGREEMENTS

NEW SECTION

WAC 296-401A-410  Reciprocal agreements between Washington and other states. What are reciprocal agreements and how are they used?

The department of labor and industries negotiates agreements with states that have equivalent requirements for certification and licensing of journeyman or specialty electricians. The agreements allow electricians from those states to become certified in Washington state without examination and Washington-certified electricians to become certified in the other states without taking competency examinations. To find out if your state has a reciprocal agreement with the department, contact the electrical section of your local department of labor and industries office.

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NEW SECTION

WAC 296-401A-420  Qualifying for reciprocal electrician certificate. How do I qualify for a reciprocal electrician certificate?

The department will issue a reciprocal electrician certificate of competency to you if you are coming into the state of Washington from another state and the following conditions are met:

(1) The department has a valid reciprocal agreement with the other state in the journeyman or specialty category requested; and

(2) You apply for the reciprocity certificate on the form provided by the department; and

(3) You provide evidence that you meet the eligibility requirements listed in RCW 19.28.530, Certificate of competency--Eligibility for examination--Rules; and

(4) You obtained a certificate of competency as a journeyman or specialty electrician in the other state while you resided there; and

(5) You pay the reciprocity fee listed in WAC 296-401A-700.

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NEW SECTION

WAC 296-401A-430  Ineligibility for reciprocal electrician certificate. Who is not eligible for a reciprocal electrician certificate?

You are not eligible for a reciprocal electrician certificate if you:

(1) Do not meet the eligibility requirements listed in WAC 296-401A-420; or

(2) Have taken and failed a Washington state electrician competency examination; or

(3) Have failed to renew a certificate of competency as required in RCW 19.28.550(1), Certificate of competency--Issuance--Renewal--Continuing education--Fees--Effect.

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TRAINING CERTIFICATES

NEW SECTION

WAC 296-401A-500  Renewal of training certificates. How do I document my training hours to renew my training certificate?

(1) When you renew your electrical training certificate, you must give the department an accurate list of the employers you worked for in the electrical trade during the previous year. The list must include the employer's name, the electrical category you worked in, and the number of hours worked in each category for every employer.

(2) You should ask each employer or apprenticeship program director for an accurate list of the hours you worked in the previous year. The employers must provide the list to you within twenty days of your request.

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NEW SECTION

WAC 296-401A-510  Computation of training hours. How are training employment hours computed?

(1) Two thousand (2,000) hours is equal to one year of employment.

(2) If you have completed a four year electrical apprenticeship program that is registered with the state apprenticeship council or the Federal Bureau of Apprenticeship and Training, you will be credited with 8,000 hours (four years) of employment.

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NEW SECTION

WAC 296-401A-520  Training certificate levels. Am I qualified for a higher level of training certificate?

You may apply for the next year's certificate whenever you have worked sufficient hours.

Note: The department will verify the hours submitted with your training certificate application.

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NEW SECTION

WAC 296-401A-524  Credit for electrical work experience exempt from certification requirements. Can I receive credit for electrical work experience which is exempt from the certification requirements in RCW 19.28.610 Exemptions from RCW 19.28.510 through 19.28.620?

(1) To receive credit for electrical work experience which is exempt from RCW 19.28.610, you must provide the department with verification from the employer or owner for whom the electrical work was performed.

(2) Beginning January 1, 1998, all exempt individuals learning the electrical trade must obtain from the department an electrical certificate and renew it annually in order to receive credit for hours worked in the trade according to WAC 296-401A-500.

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NEW SECTION

WAC 296-401A-530  Trainees working without supervision. Can I work as a trainee without supervision?

You will be issued a six-month, nonrenewable unsupervised electrical training certificate that will allow you to work without supervision if you:

(1) Apply for an unsupervised electrical training certificate; and

(2) Have worked over 7,000 hours; and

(3) Have successfully completed or are 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; and

(4) Pay the fee listed in WAC 296-401A-700.

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NEW SECTION

WAC 296-401A-540  Who will not be issued training certificates? Electricians certified in other states who are eligible for temporary or reciprocal certificates will not be issued training certificates.

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NEW SECTION

WAC 296-401A-545  Audit of trainee hours. Does the department audit my trainee hours?

(1) The department, based upon RCW 19.28.515, Electrical trainee hours--Audit--Rules--Confidentiality, may audit the employment records of the electrical contractor or employer who verified your electrical trainee hours. The time period covered by an audit may be less than one year but will not exceed five years from the date each affidavit verifying your trainee hours is submitted.

(2) Every employer or contractor must keep a record of your employment as a trainee so the department may obtain the information it needs to verify your electrical trainee work experience. Upon the request of the department's auditors or agents, these records must be made available to the department for inspection within seven business days.

(3) Your employer or contractor must maintain time cards or similar records to verify the number of hours you worked as a supervised trainee and the type of electrical work you performed.

(4) Any information obtained from your contractor or employer during the audit under the provisions of RCW 19.28.515 is confidential and is not open to public inspection under chapter 42.17 RCW.

(5) The department's audit may include but will not be limited to the following:

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

(b) An audit covering a specific time period and examining a contractor's or employer's books and records which may include their reporting of your payroll hours required for industrial insurance, employment security or prevailing wage purposes.

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NEW SECTION

WAC 296-401A-550  Penalties for false statements or material misrepresentations. What may happen if a person makes a false statement on an application or annual statement of hours worked?

A person who knowingly makes a false statement or material misrepresentation on an application, statement of hours, or signed statement required by the department may be referred to the county prosecutor for criminal prosecution under RCW 9A.72.020, 9A.72.030, and 9A.72.040. The department may also file a civil action under RCW 19.28.620 and may subtract up to 900 hours of employment from a trainee's total hours, if the department determines the trainee has made a false statement or material misrepresentation.

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CONTINUING EDUCATION COURSE APPROVAL

NEW SECTION

WAC 296-401A-600  Training course approval. How are decisions to approve continuing education courses made?

(1) Each continuing education class, course, or seminar for renewal of an electrician's certificate of competency must be approved by a three-member subcommittee of the electrical board. The chief electrical inspector will be an ex-officio member of this subcommittee.

(2) All applications for approval must be on forms provided by the department, and will be reviewed without testimony. The board will only consider information you submit with the application for approval of the continuing education training.

(3) To be considered for approval, continuing education courses must consist of not less than four classroom hours of instruction, and be open to monitoring by a representative of the department and/or the electrical board at no charge.

(4) Approved courses must be based on:

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

(b) Currently adopted administrative rules (chapters 296-46 and 296-401A WAC); or

(c) Materials and methods as they pertain to electrical construction, building management systems, electrical maintenance and workplace health and safety.

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NEW SECTION

WAC 296-401A-610  Offering continuing education courses. What happens after the subcommittee approves or disapproves my application for continuing education course approval?

You will be notified of the subcommittee's decision within five days of the review of your application.

If your continuing education class, course, or seminar is approved, you may offer the training for up to three years without additional approval. If a new edition of the National Electrical Code is adopted within the three-year period, you must resubmit an application for approval of any code-related class, course, or seminar.

If your application is not approved, the notice will include an explanation of the reasons for rejection. If you disagree with the subcommittee's decision, you may request a reconsideration hearing by the electrical board. Your request must be received by the board forty-five days before a regularly scheduled board meeting. All additional information you want considered must be submitted not less than thirty days before the board hearing.

Note: Continuing education class, course, or seminar hours completed before approval by the subcommittee cannot be used to meet the electrician's certificate requirements.

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NEW SECTION

WAC 296-401A-620  Application for continuing education course approval. What information must a continuing education sponsor provide to have a continuing education course approved?

(1) The department of labor and industries will provide continuing education approval forms to sponsors upon request. The original completed application for training approval, plus three copies, must be received by the department at least forty-five days before the proposed first class, course, or seminar is offered.

(2) Information on the application must include:

(a) Course title, number of classroom instruction hours, and whether the training is open to the public.

(b) Sponsor's name, address, and contact's name and phone number.

(c) Course outline (general description of the training, including specific Electrical Code articles referenced).

(d) Lists of resources (texts, references, visual aids).

(e) Names and qualifications of instructors.

(f) Any additional documentation you want considered.

(g) A copy of the completion certificate or the department's continuing education form that will be used to document:

(i) Each participant's name, address, birthdate, and Social Security number; and

(ii) The course number, location, and date of training; and

(iii) The instructor's name and signature or notarized signature of sponsor.

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NEW SECTION

WAC 296-401A-630   Documentation of training course completion. How is completion of the training course documented?

(1) Sponsors must award a certificate or continuing education form to each participant completing the class, course, or seminar. The participants will submit a copy of the certificate or form to the department when they apply for renewal of their electrician's certificates. The department will only accept a copy of the sponsor's certificate or form as evidence that the participant completed the training course.

(2) Following the completion of each approved continuing education, the course sponsors must submit, to the department, a copy of the original attendance sign-in sheet containing the signatures of all class participants. Sponsors offering approved correspondence courses must submit, to the department, a roster of all class participants who successfully complete the course.

(3) The department will not keep submitted copies of the continuing education certificates or forms on file after renewal of the electrician's certificate. We will not accept, nor be responsible for, the original of any completion certificate issued.

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FEES

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WAC 296-401A-700  Fees for certificates of competency, examination and reciprocity. How much do I pay for a journeyman, specialty, or training certificate, competency examination, or reciprocity?

When you apply to take a competency examination or to obtain a certificate of competency, you must pay the appropriate fee listed below.

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ENFORCEMENT

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WAC 296-401A-800  Enforcement. How do compliance officers and electrical inspectors determine compliance at a job site?

(1) The department of labor and industries ensures that employers and employees comply with the requirements of chapter 19.28 RCW, Electricians and Electrical Installations, and chapter 296-401A WAC, Certification of Competency for Journeyman Electricians, by inspecting electrical job sites. To do this, inspections are made by the department's compliance officers or electrical inspectors.

(2) The compliance officers or electrical inspectors determine whether:

(a) Each person doing electrical work on the job site has a proper journeyman, specialty, or training certificate; and

(b) The ratio of certified journeyman electricians to the certified trainees on the job site is correct; and

(c) Each certified trainee is directly supervised by an individual with a journeyman or proper specialty certificate of competency for the type of electrical work being performed.

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WAC 296-401A-810  Failure to comply with electrician certification law. What happens if an employer or employee is not complying with the electrician certification laws at the time of inspection?

(1) If the compliance officer or electrical inspector determines that an employer or employee has violated chapter 19.28 RCW, Electricians and Electrical Installations, or chapter 296-401A WAC, Certification of Competency for Journeyman Electricians, the department will issue a citation that describes the reason for the violation. A cease and desist order may be issued by the compliance officer or electrical inspector if the employer or employee continues to violate the law.

(2) Employers and employees may appeal the citation or cease and desist order by requesting a hearing (see RCW 19.28.620, Violations of RCW 19.28.510 through 19.28.620--Schedule of penalties--Appeal). A request for hearing, however, does not stay the effect of the citation or cease and desist order.

(3) If the employer or employee disobeys the cease and desist order, the department shall apply to superior court for a court order enforcing the cease and desist order. If the employer or employee disobeys the court order, the department shall request the attorney general to apply to the superior court for an order holding the employer or employee in contempt of court.

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APPEAL RIGHTS AND HEARINGS

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WAC 296-401A-900  Appeal rights. Can I request a hearing or appeal a decision of the department?

You may request a formal or informal hearing before the electrical board within twenty days of receipt of any:

Citation.

Cease and desist order.

Suspension or revocation of a training, journeyman, or specialty electrician certificate of competency.

Denial of an application to take an examination, or reduction of hours as allowed in WAC 296-401A-550.

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WAC 296-401A-910  Types of appeal hearings. What is the difference between a formal and an informal appeal?

The following table summarizes the differences between a formal and an informal hearing:

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WAC 296-401A-920  Requesting an informal hearing. How do I request an informal hearing?

You may request an informal hearing by the electrical board by writing a letter to the department chief electrical inspector stating the action taken by the department that you wish to appeal. Your letter should also state what you want the department to do as a result of the hearing.

Note: For additional information about appeals before the electrical board, see chapter 296-13 WAC .

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WAC 296-401A-930  Requesting a formal hearing. How do I request a formal hearing?

(1) Write a letter to the department's chief electrical inspector stating the action taken by the department that is being appealed. Also state what you want the department to do as a result of the hearing; and

(2) Enclose a certified check in the amount of two hundred dollars made payable to the department of labor and industries.

Note: Formal appeals are conducted as required in the Administrative Procedure Act, chapter 34.05 RCW.

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WAC 296-401A-935  Hearing deposits. What happens to my formal hearing deposit?

(1) Your deposit will be returned to you if the decision of the department is not sustained or upheld.

(2) If the decision of the department is sustained or upheld, your deposit will be used to pay the expenses of holding the hearing. Any balance remaining after payment of the hearing expenses will be paid into the electrical license fund.

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