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Chapter 19.28 Revised Code of Washington

What you will learn in Lesson 2

What is covered and not covered by this regulation.

What powers a city or town can exercise for regulating electrical work

Requirements for electrical inspectors in cities or towns

Requirement that electrical equipment associated with spas, hot tubs, swimming pools, and hydromassage bathtubs be certified

How disputes between cities or towns and the State of Washington are resolved

Requirement to adopt reasonable rules in furtherance of safety to life and property

RCW 19.28.010
Electrical wiring requirements -- General -- Exceptions.

(1) All wires and equipment, and installations thereof, that convey electric current and installations of equipment to be operated by electric current, in, on, or about buildings or structures, except for telephone, telegraph, radio, and television wires and equipment, and television antenna installations, signal strength amplifiers, and coaxial installations pertaining thereto shall be in strict conformity with this chapter, the statutes of the state of Washington, and the rules issued by the department, and shall be in conformity with approved methods of construction for safety to life and property.

All wires and equipment that fall within section 90.2(b)(5) of the National Electrical Code, 1981 edition, are exempt from the requirements of this chapter.

The regulations and articles in the National Electrical Code (NEC), the National Electrical Safety Code (NESC), and other installation and safety regulations approved by the national fire protection association, as modified or supplemented by rules issued by the department in furtherance of safety to life and property under authority hereby granted, shall be prima facie evidence of the approved methods of construction.

Authors comments:
For some premise electrical installations the National Electrical Code (NEC) and the National Electrical Safety Code (NESC) have similar rules. There are rules for service drops and service laterals in both codes. When the service lateral is owned by the customer the NEC rules are usually applicable. However, when the service lateral is owned by the utility company, the installation would be exempt from rules in RCW 19.28.

The NESC rules are often applied to utility owned and operated generating plants, substations, and to overhead and underground transmission and distribution electrical lines. But rules in RCW 19.28 clearly do not apply to these utility systems therefore exempting the NESC rules from these systems. However, where these systems are privately owned, the NEC and the NESC could apply.

Areas where RCW 19.28, the NEC, and the NESC could apply include privately owned generating, transmission, and distribution systems such as those found at some Universities. For instance, if a university owns a coal fired power plant, substations, overhead and underground distribution lines the NEC and the NESC rules could apply. The general consensus amongst safety experts in these situations is to use which ever rule, either from the NEC or the NESC, that is the more stringent and that provides the greater degree of safety. This can be confusing since the NESC's purpose is to protect persons from electrical hazards while the NEC's purpose is to protect persons and property from electrical hazards.

All materials, devices, appliances, and equipment used in such installations shall be of a type that conforms to applicable standards or be indicated as acceptable by the established standards of any electrical product testing laboratory which is accredited by the department. Industrial control panels, utilization equipment, and their components do not need to be listed, labeled, or otherwise indicated as acceptable by an accredited electrical product testing laboratory unless specifically required by the National Electrical Code, 1993 edition.

     (2) Residential buildings or structures moved into or within a county, city, or town are not required to comply with all of the requirements of this chapter, if the original occupancy classification of the building or structure is not changed as a result of the move. This subsection shall not apply to residential buildings or structures that are substantially remodeled or rehabilitated.

     (3) This chapter shall not limit the authority or power of any city or town to enact and enforce under authority given by law, any ordinance, rule, or regulation requiring an equal, higher, or better standard of construction and an equal, higher, or better standard of materials, devices, appliances, and equipment than that required by this chapter.

A city or town shall require that its electrical inspectors meet the qualifications provided for state electrical inspectors in accordance with RCW 19.28.321. In a city or town having an equal, higher, or better standard the installations, materials, devices, appliances, and equipment shall be in accordance with the ordinance, rule, or regulation of the city or town.

Electrical equipment associated with spas, hot tubs, swimming pools, and hydromassage bathtubs shall not be offered for sale or exchange unless the electrical equipment is certified as being in compliance with the applicable product safety standard by bearing the certification mark of an approved electrical products testing laboratory.

     (4) Nothing in this chapter may be construed as permitting the connection of any conductor of any electric circuit with a pipe that is connected with or designed to be connected with a waterworks piping system, without the consent of the person or persons legally responsible for the operation and maintenance of the waterworks piping system.

RCW 19.28.021
Disputes regarding local regulations -- Arbitration -- Appeal.

Disputes arising under RCW 19.28.010(3) regarding whether the city or town's electrical rules, regulations, or ordinances are equal to the rules adopted by the department shall be resolved by arbitration. The department shall appoint two members of the board to serve on the arbitration panel, and the city or town shall appoint two persons to serve on the arbitration panel. These four persons shall choose a fifth person to serve. If the four persons cannot agree on a fifth person, the presiding judge of the superior court of the county in which the city or town is located shall choose a fifth person. A decision of the arbitration panel may be appealed to the superior court of the county in which the city or town is located within thirty days after the date the panel issues its final decision.

RCW 19.28.031
Rules, regulations, and standards.

(1) Prior to January 1st of each year, the director shall obtain an authentic copy of the national electrical code, latest revision. The department, after consulting with the board and receiving the board's recommendations, shall adopt reasonable rules in furtherance of safety to life and property. All rules shall be kept on file by the department. Compliance with the rules shall be prima facie evidence of compliance with this chapter. The department upon request shall deliver to all persons, firms, partnerships, corporations, or other entities licensed under this chapter a copy of the rules.

(2) The department shall also obtain and keep on file an authentic copy of any applicable regulations and standards of any electrical product testing laboratory which is accredited by the department prescribing rules, regulations, and standards for electrical materials, devices, appliances, and equipment, including any modifications and changes that have been made during the previous year.

Key Points

Chapter 19.28 RCW general exemptions include:

Telephone, telegraph, radio, and television wires and equipment, and television antenna installations, signal strength amplifiers, and coaxial installations pertaining thereto

All wires and equipment that fall within section 90.2(b)(5) of the National Electrical Code (linework)

This includes:

90.2(b)(5)(5) Installations under the exclusive control of an electric
utility where such installations
a. Consist of service drops or service laterals, and associated
metering, or
b. Are located in legally established easements, rightsof-
way, or by other agreements either designated by
or recognized by public service commissions, utility
commissions, or other regulatory agencies having
jurisdiction for such installations, or
c. Are on property owned or leased by the electric
utility for the purpose of communications, metering,
generation, control, transformation, transmission, or
distribution of electric energy.

All materials, devices, appliances, and equipment used in such installations that conforms to applicable standards or be indicated as acceptable by the established standards of any electrical product testing laboratory which is accredited by the department

Residential buildings or structures moved into or within a county, city, or town are not required to comply with all of the requirements of this chapter, if the original occupancy classification of the building or structure is not changed as a result of the move

Rights and requirements for towns and cities

Any city or town to enact and enforce under authority given by law, any ordinance, rule, or regulation requiring an equal, higher, or better standard of construction and an equal, higher, or better standard of materials, devices, appliances, and equipment than that required by this chapter

A city or town shall require that its electrical inspectors meet the qualifications provided for state electrical inspectors in accordance with RCW 19.28.321

Specific rules

Electrical equipment associated with spas, hot tubs, swimming pools, and hydromassage bathtubs shall not be offered for sale or exchange unless the electrical equipment is certified as being in compliance with the applicable product safety standard by bearing the certification mark of an approved electrical products testing laboratory.

Nothing in this chapter may be construed as permitting the connection of any conductor of any electric circuit with a pipe that is connected with or designed to be connected with a waterworks piping system, without the consent of the person or persons legally responsible for the operation and maintenance of the waterworks piping system.

Disputes regarding local regulations -- Arbitration -- Appeal

Disputes arising under RCW 19.28.010(3) regarding whether the city or town's electrical rules, regulations, or ordinances are equal to the rules adopted by the department shall be resolved by arbitration.

A decision of the arbitration panel may be appealed to the superior court of the county in which the city or town is located within thirty days after the date the panel issues its final decision.